Legal Q & A

Legal Q & A

By Ángel Marín Díaz

We welcome Ángel Marín Díaz to the weekly legal column with his 20 years of experience as President and CEO of Inmtec Legal Services, with offices in Mexico including San Miguel de Allende, Mexico City, and offices currently under construction in Querétaro.

Samuel from Denver, Colorado

I am in the process of selling/closing my home in Denver, can I use this Apostille for the purpose of not going to the closing myself?

Hello Samuel, yes your closing company or attorneys can send you a power of attorney which you can grant to a person of your choice, a closing officer, or your attorney. You would sign the paperwork here at the office, and we would ratify your signatures and then apply an Apostille. This allows you to transfer your power and avoid having to travel for the closing.

Ricardo from Boulder, Colorado

I own a home here in San Miguel and I have my wife listed as the beneficiary to the house within the body of the deed, that’s enough right, I don’t need a Mexican will do I?

Hi Ricardo, I want to be very specific here and say you DO need a will in Mexico if you own Mexican Property. While in a perfect world there is a direction given in the deed for the home to be left to your wife, however were you both to pass in an accident the home would be given to the State of Guanajuato due to the lack of a will. We have seen in recent years more initiative for the government to seek ownership of properties especially those of high value in this area. If there is not a clear directive of what is to be done with your real property, as provided through a legal will, there exists at least the risk of your real property being absorbed by the Mexican Government and given to the University of Guanajuato.

Scott from Santa Fe New Mexico

Hello Angel, I enjoyed learning the history of the notario, and the differences between the notario and a notary in the U.S.

My question is, I am purchasing a home in San Miguel and being told which notario and attorneys to use by my real-estate agent. Shouldn’t I have a choice? Do you and your firm handle real estate transactions?

Hola Scott, you are in this case the “buyer” and as such have the legal and absolute right to choose your notario and “closing team.”

As for your other question, yes, we at Inmtec Legal Services have our in-house notario and a specialized “closing team.” Our clients enjoy a full-service team that processes the purchase while contemplating future tax exposure, due diligence, exemptions and retentions. They appreciate efficient understandable closings done by our professionals.

Thank you all for your questions this week, for more specific information on wills, advance directives, estate planning, durable or other types of powers of attorney, asset protection, as well as all notarial services please contact the author:

Ángel Marín Díaz at 415 121 9005