US-Mexico Crossborder Probate
In addition to general business litigation matters, Maldonado Myers LLP provides comprehensive legal counsel and represents our clients in probate proceedings which involve the laws of both Mexico and the United States, and the involvement of the courts of either California or Mexico when the matter takes place on the other side of the border.
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 litigators, in California and in Mexico, when they encounter US-Mexico crossborder issues in probate 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 of US-based estate 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 a legal procedure with the Mexican courts to order the turning over of the assets to the US-based personal representative of the estate.
Often we have assisted clients in crossborder probate matters in which real estate in Mexico is held in a Mexican real estate trust (fideicomiso) but no substitute beneficiary was designated in the trust and instances when the designated substitute 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 planning needs.