Legal Question in Wills and Trusts in California
Probate Procedure for a Foreigner with Assets in the U.S.
My father passed away. He left a last will and testament in Mexico, as he was a citizen of Mexico(there are two heirs mentioned in his will one of my sister's who gets his real estate, and I get the rest of his assets). He had some assets in the U.S. He also re-married in Nevada without ever divorcing in Mexico. He had Bank Accounts in the U.S., and his supposed wife was able to sign checks in those bank accounts. Now I have been appointed by the Mexican Court as the executor of his estate.
My question are:
1.- can I go ahead and try to withdraw the money from those bank accounts, or is there a certain procedure I need to take to do this.
2.- He also had a membership at a country club. That membership is in the process of being sold, can I go ahead and pick up that money when it sells or do I have to take another procedure for this.
I am a Mexican citizen with a Visa to cross into the U.S., I also have a sister who was born in the U.S. who is not included in his will, and a half sister from my father's second marriage who was also born in the U.S. and is also not mentioned in my fathers will.
2 Answers from Attorneys
Re: Probate Procedure for a Foreigner with Assets in the U.S.
This is a complicated case because of the Mexican jurisdiction of the will and the putative spouse. You will need to get letters of representation in a U.S. Court for access to the bank accounts and U.S. real property. You would be well served by obtaining representation to assist you in this complex procedure. Call me directly at (619) 222-3504.
Re: Probate Procedure for a Foreigner with Assets in the U.S.
from the facts given, you have jurisdictional considerations and issues that would need resolution prior to you withdrawing funds and personal property assets that were bequeathed to you in your father's will. this is your primary complication in this case. however, it can be fairly easily remedied if you retain a good attorney to procedurally help you secure vested rights in these assets you inherited. if you would like further free legal assistance in evaluating your case, and/or representation in this matter, please email me today with how you would like to proceed and what assets you stand to inherit are at issue.
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