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Trusts and estates planning - Legal advice and How To.

Updated: Mar 12, 2023

Trust and Estates planning and how to common topics, mainly related to the following interests:

  • For Americans who have some heritage in Mexico, whether it is a house in Los Cabos or any beach destination, or perhaps an industrial facility.


  • For Mexicans, that have immigrated to the USA leaving and their parents or their grandparents have left a house, and they would like to recover the estate.

Trust and estate

Estate and trust administration is the process of managing a deceased individual’s estate, ensuring that their wishes are fulfilled as laid out in the will or trust.


As this process involves dealing with complicated legal matters such as taxes, debts, asset distribution and other issues related to the deceased’s estate.


It is always better to get advice from one of the most reliable law firms in México, like De Hoyos Avilés because the process can also involve fulfilling any other obligations that were outlined in the will or trust.



Upon the death of an individual, their estate may be handled through a court process known as Probate.


Probate is a legal procedure by which transfer of ownership of the deceased's assets is facilitated to the beneficiaries.


The probate estate includes exclusive assets of the decedent, such as a bank account in their name only, a retirement fund with no one else's name on it, and even a house they shared with someone but held individually.


Trusts and estates are legal structures that are designed to protect the interests of individuals and their loved ones.


A trust is a legal agreement between a trustee and a beneficiary, while an estate refers to the total property, assets, and liabilities of an individual that are left behind after their death.


Trusts and estates can be complex legal issues, and understanding their legal aspects is crucial for anyone who wishes to protect their financial interests and provide for their family after they are gone.


One of the key legal aspects of trusts and estates is the role of the trustee. The trustee is the person or organization responsible for managing the trust's assets and distributing them to the beneficiaries according to the terms of the trust.


The trustee has a fiduciary duty to act in the best interests of the beneficiaries and to manage the trust's assets prudently. This means that the trustee must make informed decisions about investments and distributions, and must not use the trust's assets for personal gain.


Another legal aspect of trusts and estates is the role of the executor. The executor is the person or organization responsible for administering the estate of a deceased individual. This includes paying off any debts, distributing assets to heirs, and handling any legal issues that arise during the probate process.


The executor has a fiduciary duty to act in the best interests of the beneficiaries and to follow the wishes of the deceased individual as expressed in their will.


One of the key benefits of trusts and estates is that they can be used to minimize taxes and protect assets. For example, a revocable living trust can be used to avoid probate and reduce estate taxes.


By placing assets in a trust, individuals can ensure that their assets are distributed to their beneficiaries according to their wishes, and that their assets are protected from creditors and other legal claims.



There are several different types of trusts that can be used to achieve specific goals. For example, a special needs trust can be used to provide for the needs of a disabled beneficiary without affecting their eligibility for government benefits. A charitable trust can be used to donate assets to a charitable organization while also providing tax benefits to the donor.


Trusts and estates can be complex legal issues, and it is important to work with an experienced attorney to ensure that your wishes are properly documented and that your assets are protected.


An attorney can help you create a comprehensive estate plan that includes a will, trust, power of attorney, and other legal documents to ensure that your wishes are carried out, and your assets are protected.


In conclusion, trusts and estates are important legal structures that can be used to protect the interests of individuals and their loved ones.


Understanding the legal aspects of trusts and estates is crucial for anyone who wishes to protect their financial interests and provide for their family after they are gone.


Working with an experienced attorney can help ensure that your wishes are properly documented and that your assets are protected.


Law Firm | Trust and Probate




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