Photo by Rodrigo Escalante on Unsplash

Question:

So my mother is thinking of leaving her house in Texas and her house in Guatemala to me. What would be the best way for her to go about it? Should she set up a trust, or just a will with me as the beneficiary, and can she just do it here in the US for both properties or would she have to do a will in Guatemala as well?

Response:

I generally prefer trusts to wills because they avoid probate and allow for management of the property in the event the grantor becomes incapacitated, but both will work in terms of passing on your mother’s house in Texas.

For purposes of your mother’s house in Guatemala, it’s possible that they would honor your mother’s U.S. will, but unlikely that they would accept a trust. Part of the issue with the trust is for it to work, your mother needs to transfer her property into it. That can be accomplished through a deed in Texas. I can’t tell you whether that would possible in Guatemala, but I’m doubtful. Your mother would need to consult with an attorney in Guatemala to determine what makes the most sense there.

Related Articles

Can Proceeds of Nursing Home Resident’s Home Sale be Protected from Medicaid Estate Recovery? What Rights Does the Beneficiary of a Trust Have? What Does Medicaid Do If We Sell a House in a Life Estate?