ATTORNEYS IN BAJA, is a Law Office headed by Eduardo Rosales, Licensed Attorney with 20 years of experience and credentials in real estate credentials.When looking for property in México, or in need of legal assistance, as it pertains to real estate, contract law, probate and civil litigation in México, you are in the right place when looking for a real estate attorney.
We represent an office of qualified Mexican real estate lawyers with vast experience in Mexican real estate law. We will ensure Maximum protection to our client’s property acquisitions and deed conveyance process. We represent our clients in an ethical, professional and efficient way. A person looking to buy properties in Mexico, may have these main questions: can you own property in Mexico? Yes. Throughout the Mexican nation.
In our case, our geographical areas of practice are in Tijuana Mexico, Rosarito Baja Mexico, and in any beach front in Mexico or Mexico’s coastal properties, etc. therefore, when you have considered to submit and offer or purchase properties in Mexico, make sure to contact us, so we can represent you since the initial step, all the way to your property acquisition and the conveyance of title over to you. We will be here to properly represent you.
We conduct thorough title search, document review, and analysis; Transaction coordination for properties located in Rosarito Beach, Tijuana, Ensenada or San Felipe. We prepare the necessary contracts and documents for a solid real estate transaction, so as a quality legal advice and assistance to ensure a successful and safe transaction.
We also advice our clients
on the best way to hold title to properties under Mexican Law. We provide our
clients with the Estate Planning options, giving the proper legal advice in
order to have all assets in proper legal order. Along with life and health, the
estate of an individual is one of the most valuable aspects, and thus, it is
necessary to ensure maximum protection, to give family stability. We will
protect your family’s estate ethically and professionally.
There is
a full and complete legislation in the probate area in Baja Mexico. What could
concern more the American and foreign community in Baja, is what to do with
their real estate interests, therefore, this article is more focused on such
community. The general rules in Mexico regarding successions, is that there are
two types of successions. The intestate succession and the testate succession,
just like in the U.S. legal system.
The
second one means that there is a will and successors. The first one means that
there are successors but there is no will, and this is the more complex case.
Regarding the order of preference on how the successors will inherit, is as
follows: The ones with better right to inherit are the closest to the decedent,
and they exclude the rest of the relatives. In first place and in equal
circumstances are: the Wife and
Children; then, the parents and grandchildren, grandparents and so on. Usually
these rules apply when there is no will.
In case
that a person wants to make a will, they can will their properties to whomever
they want, even disregarding the aforesaid order. There are not much
regulations that explain the rules of the foreigners successions, and there is
where the Attorneys must combine different regulations and file the to the
court, in order to give an accurate legal advice to foreigners, however, to
avoid further complex legal problems, one of the things a foreigner in Mexico
must do when purchasing land in Mexico, is do their estate planning: Will or
trust. In personal property, there shouldn’t be a problem, but in real estate
usually things get more complex.
For instance, one of the biggest and most
important advantages of the bank trust contracts is that people can bypass
probate (meaning probate by the complex court process in order for the heirs to
claim their decedent’s rights over real and personal property).
In trust
contract, a beneficiary can designate a second beneficiary or beneficiary in
case of death, and in doing such, the second place beneficiary, won’t have to
go to the court and claim his rights. Therefore, when purchasing land, a
foreigner in Mexico, should also take in consideration how to do the estate
planning the give their successors more safety to keep such assets.
Obviously
this probate and successions process is more complex than what this article
shows.
Many
things must be taken in consideration, such as Jurisdiction, last domicile of
decedent, was the decedent marriage and under what legal form (community
property or separate property), what kind of document does decedent had in
regards of the real estate, among others, but most of all, how a person will
acquire real estate and should that person make a will.
Make sure
to consulta real estate or civil litigation lawyer in Mexico.
Ideally, such lawyer
must have experience in Real Estate law, estate planning and in case of
business, corporate law experience.
Most of the wills and
estate planning in Mexico, pertains to Real Estate. Therefore, you may need to
retain a good real estate lawyer for this. What a México real estate attorney,
or any qualified Mexican real estate lawyer should do, when accumulating vast
experience in Mexican real estate law, is to ensure Maximum protection to its
clients property acquisitions, probate proceedings, and deed conveyance
process. In our office, we thrive to represent our clients in an ethical,
professional and efficient way. We represent clients in Tijuana Mexico,
Rosarito Baja Mexico, and in any City in Baja State.
Make sure to contact us,
so we can represent you since the initial step, all the way to your property
title and your beneficiaries’ title acquisition, either testate, intestate or
by means of living a bank trust with designated beneficiaries.