Equal Marriage, Estate Planning, and Immigration Extensions

Tom and Susan write from Baja California:


Thanks for doing this for the community. You are much appreciated! Our question is: We have seen many services offered posthumously to deal with the possible litigation and bureaucracy that follows the death of a foreigner in Mexico; they seem to be all over the place in price, and each advocacy group handles a piece of the puzzle. But none of them apparently handle the “all to all” circumstance, if you will. What do you recommend? 

Angel responds:

Hi John and Jane, 

You are absolutely right. There is a long list of things that need to be taken care of after a member of the guest community passes away. Beginning with funeral services, medical death certificates, state-issued death certificates, notification to the embassy of the deceased’s country of origin before even entering next of kin notifications, and all subsequent situations such as distribution of estate assets, liquid assets, personal possessions, debt settlement, and estates. A new product that is available in San Miguel and soon nationally (Mexico) that covers all of this is called AfterLife™. Please contact me directly for more information 

Tim and Dianne write from south Florida:

Hi Angel! 

We have heard that we should have a contract with our domestic help at the house. Would you recommend us doing this? 

Angel responds:

Hi Tim and Dianne, 

The short answer is “Yes.” A short and simple labor contract between you (the employer) and the staff (employee) is the single best way to delineate the working relationship. The labor contract is extremely inexpensive, easy to do, and will save you both many potential problems in the future, such as lengthy and expensive labor lawsuits that oftentimes are essentially frivolous, yet quite cumbersome to the purse. 

Hi Angel, Dumb question, but what is an Escrow contract?

Angel responds:

In recent years, in San Miguel de Allende and throughout Mexico, we have witnessed enormous development and growth, due to the large number of tourists who visit our country and fall in love with the country and our culture (living costs and quality of life are often motivators as well). This has caused sales to rise phenomenally, year on year. When a sale takes place, both the buying party and the selling party seek the security and tranquility as well as the stability, security, and transparency that will be provided by their professional “closing team,” which includes agents, attorneys, the Notario, and the fiduciary company handling the “escrow.” How can the parties in a sale be protected? By using the legal instrument called “Escrow”—an instrument that originated in the United States. An Escrow contract is useful when two or more parties require an impartial third party to protect an asset, be it money or otherwise. This third party will be in charge of keeping the asset in their custody until each and every one of the obligations agreed in the main contract that gave rise to the need for the Escrow are fulfilled. Tim in West Virginia writes: 

Can you tell me where Equal Marriage is legal in Mexico?

Angel responds: 

Mexican states that allow “Equal” marriages: 

1. Mexico City (In 2010) 

2. Chihuahua (In 2012) 

3. Coahuila (It was approved in 2014 together with the homoparental adoption) 

4. Campeche (2016) 

5. Colima (2016) 

6. Michoacán (2016) 

7. Morelos (2016) 

8. Nayarit (2015) 

9. Hidalgo (2019) 

10. Baja California Sur (2019) 

12. Oaxaca (2019) 

12. San Luis Potosí (2019) 

13. Tlaxcala (2020) 

14. Quintana Roo 

15. Queretaro 

Important note: 

On June 12, 2015, the Supreme Court of Justice (SCJN) issued the thesis, from the 10th period, jurisprudence 43/2015, in which it determined in general terms: “That the Law of any federative entity that, on the one hand, considers that its purpose is procreation and/or that defines it as the one celebrated between a man and a woman, is unconstitutional.” 

Sandy from Chicago, Illinois, writes:

I am here on a Tourist Visa and it’s about to expire. Yikes! I don’t want to travel now and go back to the States. What can I do? 

Angel responds:

Hi Sandy, 

Not to worry. There is the option available to extend your legal stay in Mexico for an additional 180 days from the date of expiration of your current Visa. We simply apply on your behalf for a Humanitarian Visa which takes about three weeks to receive. At this time all applications are being approved. 

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