Monterrey, NL. To leave well stipulated the will of those who are going to carry out their will, it is important that people over 60 present before the public notary a medical opinion that verifies that it is in full mental faculties. Therefore, Juan Manuel Escobedo, president of the Mexican Association of Real Estate Professionals (AMPI), Monterrey chapter called for a greater regulation about the wills.
“When a person has goods, in particular real estate, it is necessary Family members are not well informed of what is stipulated in the document “.
The ideal, he said, is that by law it is established that in the case of persons over 60 years of age, a public notary a Medical opinion of a specialist, whether neurologist or geriatrician, who closed that who is going to testify is in full enjoyment of his mental faculties and has no impediment.
He emphasized the importance of establishing greater regulation in the wills through law. Otherwise, these documents are usually a reason for controversies.
“Therefore, the courts are full of challenges, either because a relative leads the elderly to change their will and the person signs without fully understanding, or for other circumstances. In practice, this happens frequently; I have knowledge of several cases like that,” said Escobedo.
In accordance with article 93 of the Income Tax Law (ISR), the assets received by inheritance are not taxed.
In Nuevo León, said the president of AMPI Monterrey, the ISR is not paid, but if you have to pay a Special rate for the transfer of domain of inheritance by succession.
Advantages and disadvantages of a donation
When a person decides 3% of the Property Acquisition Tax (ISAI) in Nuevo León.
Juan Manuel Escobedo stressed the importance that when a donation is made, carry the registration of usufruct, which is the use and enjoyment of the property.
“It is preferable to make a donation, but the usufruct must be reserved, that is, I still have control of possession until my death, until then the beneficiary goes before the notary and processes the cancellation of the usufruct and the property is yours without having to pay another right, when they are descendants or ascendants in direct line or spouses.
Cases have been viralized where a child or daughter gets to strip their parents of a real estate. “With the donation that does not happen, because one of the reasons why the donation can be revoked is by ingratitude, it can reverse this donation.”
In this sense, it is very important that people seek advice with one of the partners of the Mexican Association of Real Estate Professionals (AMPI), who have knowledge about tax, legal issues and promote best practices and protection in processes related to real estate, said the leader.
