Crossborder Probate
US-Mexico Crossborder Probate
Maldonado Myers LLP provides represents clients in probate and trust proceedings which involve the laws of both Mexico and the United States, and the involvement of the courts of California, Mexico or both depending on the location of assets.
We have experience proving the validity of Mexican wills and trusts in California courts, as well as proving the validity of US wills and trusts in Mexican courts. On many occasions we serve as co-counsel to other probate attorneys, in California and in Mexico, when they encounter US-Mexico crossborder issues in probate and trust matters.
We also represent estates when filing ancillary probate proceedings in Mexico so that property located in Mexico can be probated and distributed as provided under the estate planning documents drafted in the US.
We have represented executors and administrators of US-based estates obtain access to bank accounts and contents of safe-deposit boxes held in banks located in Mexico through the use of letters rogatory issued by courts in the US directed to courts in Mexico and filing legal proceedings with the Mexican courts to order the turning over of the assets to the US-based personal representative of the estate.
Often we assist clients in crossborder probate matters in which real estate in Mexico is held through a Mexican real estate trust (fideicomiso) but no successor beneficiary was designated in the trust and instances when the designated successor beneficiary has already passed away. We have also assisted in several situations where competing probates were started in Mexico and in the United States by heirs who have competing claims to the decedent's estate.
No matter how simple or complex the issue, Maldonado Myers LLP seamlessly and effectively assists our clients with their crossborder probate and estate needs that involve both Mexico and the United States.