Baja Government and Law Information-Todos Santos Pescadero San Jose Del Cabo San Lucas Baja California Sur Mexico

Baja Government and Law Information

4-10-07 MEXICAN WILLS - The person inquiring about a Mexican will can take care of this at any notary public. However it is a simple procedure (called a testimonio) and you should pick a time or a notary who can take care of you in one or two visits. Otherwise it will get needlessly expensive. I paid something like $80 USD five years ago, now it is likely more. Be sure to bring copies of titles or fideicomisos on all properties you will be referring to. For those of you with wills and property (and maybe exspouses)in both the US and Mexico, well, you will want to check with someone above my pay grade on those details. - Jim

Mexican Laws Translated Into English - Interesting site here: http://www.mexicanlaws.com/index.htm - Baja Western Onion

EXERCISE CAUTION - In the past few months there have been a number of instances of officials and lawyers coming to the home of foreign residents in Todos Santos. Though the visits may have been for legitimate reasons, the intimidation tactics were inappropriate.

If someone comes to your home claiming to be a government official ask for identification; all government officials must carry official identification. Take down the name and other information shown on the ID card. Usually, they will come to give official notice that you must appear at a hearing or a meeting. They might ask for your identification, which you certainly can show them, but you should not surrender your ID to them, nor show any other documents or answer any questions. Merely tell them that you will have your attorney or accountant contact them. Be sure to follow through.

Should you be visited by an attorney representing a complaint against you, ask for the attorney’s business card, tell him (her) that your attorney (accountant) will call them, and politely close the door. Do not allow them in your house nor give them any documents or information. Do not engage in conversation or argument. This is especially true if the complaint relates to a current or former employee.

If you have an employee, make sure that you get clear counsel from your accountant as to labor laws, social security requirements and employer/employee obligations. If your employee quits or if you wish to fire an employee, consult your accountant to determine your financial obligations to the employee. If a former or current employee files a complaint against you with the Secretary of Labor, only attend the hearing with your accountant or attorney. Do not meet by yourself with your employee’s attorney. Employee severance is can be very costly, especially if you have not followed the rules. - Elena Moreno, e ( -a t- ) elenamoreno.com

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