Legal Question in Wills and Trusts in Mexico
Time share property in Mexico
The deceased was divorced many, many years ago, he and she went their sperate ways. They had 2 children. He remarried, and he and the new she bought into time share vacation resort in Mexico. He passed on without a will. The deeds were signed by him only. Now the first marraige son and daughter want their share of the time share property. Did I mention, they live in Illinois? I read that the laws of Mexico govern the property. Is this true? Are the children entitled to a share of the time share? THe widow wants to abide by her husbands wishes and keep the property until 2007 when I believe its time is up, w2hatever that means. I think they are supposed to get their percent of the value of the property depending on how manyt shares there are involved.
1 Answer from Attorneys
Re: Time share property in Mexico
First of all, your question didn't state where the person died, and where he was a resident.
If he was a resident of Illinois when he died, half of his estate would go to his new wife, and half would go to his descendants.
Since he died intestate (without a will), there will need to a probate estate opened to distribute any property, especially if there is going to be a dispute of any kind.
Again, depending on where this person died, you may want to re-ask you question to an attorney in that state.
Good luck to you.