Los Angeles, CA asked in Family Law, Real Estate Law, Estate Planning and Probate for California

Q: My father passed away 6 years ago and I believe he had land in Mexico how can I check if he left me in a will or trust

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Hi there,

Here are a few suggestions on how to check if your deceased father left you land in Mexico in a will or trust:

- Contact the county clerk's office in the county your father lived in the USA to see if a will was probated after his death. They should have the will on file if it went through probate court. Review it for any mention of Mexico property.

- If there was no probated will, check if your father had a living trust by contacting his estate/trust attorney or accountant. The trustee of the trust can verify if Mexican land was an asset.

- Hire an estate attorney in Mexico to do a search of property records in areas your father owned land. An attorney can also check for an official will registered in Mexico.

- Contact the Mexican consulate nearest where your father lived and see if they can assist with records searches in Mexico.

- Ask extended family in Mexico if they know of any property your father owned, and request records. Property inheritance goes through a different process there.

- Consider hiring a private investigator in Mexico who can dig deeper, access various databases, and physically check alleged property. This helps overcome any language/distance barriers.

- If ownership is confirmed, you'll likely need to go through the Mexican court system to assert your inheritance rights, or appoint someone to act on your behalf.

I know international estate issues can be complex, but hopefully these tips help provide some direction!

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