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How does inheritance of property work in Mexico?
Your fidecomiso names your beneficiaries in the event of your death. The notary should request this information. Your heirs will be named in the escritura filed in the public registry. The fidecomiso becomes your will for the property you are purchasing. You are the primary beneficiary named in the fidecomiso. The secondary beneficiaries are the persons you name as your heirs. They will receive the property upon your demise. Their inheritance of your property through this instrument does not require additional transfer or acquisition taxes at that time. The heirs you name in the fidecomiso supercedes other documents, such as separate wills, whether they are in Mexico or elsewhere.
Your heirs do not have to pay for a new trust, as they are already named in the existing fidecomiso. In order to amend the trust, the bank needs to be notified. At that time, the new primary beneficiaries are named in a letter signed by the bank and properly certified. One big advantage of this method is that your heirs do not have to pay estate or inheritance tax.
If your beneficiaries have died and you have not changed your fidecomiso, you have no heirs named for your property in the document. A separate will can then be considered as your directive. If your beneficiaries have died you should choose other secondary beneficiaries and amend your fidecomiso properly. You can also change your mind and replace the existing secondary beneficiaries. You have to amend the trust to correctly do this. The bank will charge for this additional work.
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