They say that death is the only sure thing we have in life and what many of us want is to be able to die without inheriting major problems to our loved ones. That is to say, avoid lawsuits over land, bank accounts or simply the memories that we can leave behind.
This November 2, the date on which we celebrate the Day of the Deadthe National Association of Mexican Notaries (CNNM) offers you the following recommendations so that when you leave you honor the living so that you do not leave them problems.
How to die without inheriting problems
1. Leave a will
Document that is formally granted before a notary public, in which the testator clearly expresses of his own free will how he wants to distribute his assets at the time of his death. The will is an act of responsibility, because regardless of the amount of assets, the process for awarding the assets to your heirs is the same. Something much more important than assets is that if you have minor children, the will establishes the person or persons who will remain as guardians, that is, who will be responsible for their care and education.
2. Make an advance directive document
Medical treatments, which save so many lives, sometimes force us to make difficult decisions with our families, especially when it comes to artificially keeping a terminally ill patient alive. The Advance Directive document, which is drawn up before a notary public, allows you to freely and consciously express your decision on how you want to be treated medically in the event of terminal illnesses and accidents, freeing your family from that responsibility.
3. Prepare a precautionary guardianship document
This allows you to designate a guardian so that, in the event of falling into a natural incapacity and you are unable to make decisions, he or she will take care of your person and assets, respecting your will. The appointment of the guardian will only be valid if it is made before a notary or family judge. In the first case, it must be recorded in a public deed and with the formalities of the open public will; in the second, a non-contentious procedure will be initiated, and the judge must personally notify the proposed guardian for the acceptance of the position. In the deed where the guardian is designated, aspects referring to the medical treatment and the desired health care of the ward and the form of administration of their assets may be defined.
4. Writing properties
It is the only way in which we have the legal certainty of a property before third parties. Not deeding is dangerous since private contracts and powers of attorney are not long-term solutions and carry great risks for the buyer. In fact, many of the people who lost or suffered damage to their homes in the September earthquakes will have to file lawsuits to prove ownership of the property.
5. Make a list of bank accounts, investments and life insurance
Bank accounts, investments and life insurance are only delivered to those who claim it, therefore, your family must know what bank accounts, investments and life insurance you have contracted. We recommend you have a list and share it with your family. Remember that when opening a bank account, financial institutions request the designation of beneficiaries, to whom the bank will deliver the balances present in the account, in case there are no co-owners. If you don’t remember who the beneficiaries of your accounts are, go to the bank and check it out.
One of the best gifts we can give our family at the time of our death is to give them legal security. Go to your trusted notary, who can advise you for free on this and other issues.