Legal Question in Wills and Trusts in Mexico
Inheritance
My father died last November. He and my mother were legally married in the U.S. and both were citizens, but they divorced when I was still a baby and my sister was still in the womb. He then moved to Mexico where he lived the rest of his life with his girlfriend (they were not legally married) and the five children he had with her. I did not hear about my father's death for months after the fact because I never really saw him after he left. He was pretty wealthy and owned his own trucking business. I called to Mexico recently to ask about a will. I am not sure if he left one. Some of my relatives claim that he left me and my sister some money, but my step-mother said he did not. Now, being that I am his first-born legitimate child, would I be entitled to inherit his estate and/or business? Also, he never paid child support for my sister and me, so would he or his estate still have to pay after his death? Thank you.
2 Answers from Attorneys
Re: Inheritance
It appears that your father died a resident of Mexico and the business was in Mexico. An Illinois attorney cannot advise you on your rights in Mexico. I suggest you seek an attorney there. If necessary, you may want an Illinois attorney who has Mexican contacts or can direct you.
Re: Inheritance
Under Illinois law, you have rights to receive notice of the opening of any estate for your father, regardless of whether he left a will and regardless of his marital status with your mother, because you are an "heir at law". However, if he did leave a will or hold his property in trust or joint tenancy, he can disinherit any or all children. The Illinois law recently changed on back child support to give a longer statue of limitations, so you may have rights to collect, depending on your age and other facts. You should see a lawyer to have a full and frank discussion of all of these issues.
I have answered your question under Illinois law. Because your father lived in Mexico for many years, his estate may be governed in whole or in part by Mexican law. There is an estate tax treaty between the US and Mexico, and other international laws that may give you rights under Mexican law similar to those under Illinois law. Again, to fully ascertain your rights, you should also contact a lawyer familiar with Mexican law (and NOT a "notorio publico").
Our comments are based on the question you asked, and your question is being treated by us as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.
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