Undocumented father dead in car accident: How to get insurance claim to heirs

[OHRoadwarrior]

Incorrect on both counts. As he was a foreign citizen they will likely be required to prove he had no spouse, siblings or parents living after they meet the burden of proving they are his sons and who he was. They will exhaust most of the money proving this to the courts satisfaction if the court requires a search through Mexico. The court could also appoint someone to oversee the search in Mexico, which might cost all of the estate. Further, they could be prosecuted. It is you who is biased having married an illegal as I recollect. All I did was inform them of the laws and documentation issues they can run into conflict with.

Of course we have not even mentioned creditor claims against the estate, which will be taken against it.

His US citizen children are looking to claim insurance proceeds. Children are direct heirs. Unless there are other children or a wife in Mexico, which I suspect the OP would have mentioned, your argument is irrelevant.

 

[LdiJ]

Incorrect on both counts. As he was a foreign citizen they will likely be required to prove he had no spouse, siblings or parents living after they meet the burden of proving they are his sons and who he was. They will exhaust most of the money proving this to the courts satisfaction if the court requires a search through Mexico. The court could also appoint someone to oversee the search in Mexico, which might cost all of the estate. Further, they could be prosecuted. It is you who is biased having married an illegal as I recollect. All I did was inform them of the laws and documentation issues they can run into conflict with.

Of course we have not even mentioned creditor claims against the estate, which will be taken against it.

What is up with you lately? You are making this stuff up. Why? It might be time for you to ease off again, because you are getting out there in fantasyland again.

 

[OHRoadwarrior]

Do you know anything about CA intestacy law? I didn't think so. Have you ever dealt with a probate involving a foreigner with no documentation or records of his family in his home country? I didn't think so. I would be a bit more cautious about expressing your lack of knowledge as being the way this will play out.

What is up with you lately? You are making this stuff up. Why? It might be time for you to ease off again, because you are getting out there in fantasyland again.

 

[Zigner]

Do you know anything about CA intestacy law? I didn't think so. Have you ever dealt with a probate involving a foreigner with no documentation or records of his family in his home country? I didn't think so. I would be a bit more cautious about expressing your lack of knowledge as being the way this will play out.

I would ask the same of you

 

[OHRoadwarrior]

I was providing the legal considerations they can face in this endeavor which is what the purpose of the forum is. They seem to think they are going to open an account and fast cash 15k. It will likely be over a year before they see a part of it if any.

I would ask the same of you

 

[Zigner]

I was providing the legal considerations they can face in this endeavor which is what the purpose of the forum is.

However, you are giving incorrect information simply in an effort to scare citizens of this country with fabricated tales of possible sanctions against them based simply on the fact that their father was here illegally. It seems to me that you are pushing an agenda, not providing accurate legal advice (which is actually what the purpose of this forum is.)

 

[OHRoadwarrior]

The violation of Federal law is a serious matter whether some members choose to ignore them or not. Not all courts below the Federal level elect to do so either.

However, you are giving incorrect information simply in an effort to scare citizens of this country with fabricated tales of possible sanctions against them based simply on the fact that their father was here illegally. It seems to me that you are pushing an agenda, not providing accurate legal advice (which is actually what the purpose of this forum is.)

 

[Zigner]

The violation of Federal law is a serious matter whether some members choose to ignore them or not. Not all courts below the Federal level elect to do so either.

The only indication that there is any violation of Federal law is your misguided assertion.

 

[OHRoadwarrior]

I quoted the law. You can choose to ignore it, LdiJ did. What will be more interesting to see is if CA will take jurisdiction on the probate or bounce it back Mexico. CA law allows them to elect either.

The only indication that there is any violation of Federal law is your misguided assertion.

 

[Zigner]

I quoted the law. You can choose to ignore it, LdiJ did. What will be more interesting to see is if CA will take jurisdiction on the probate or bounce it back Mexico. CA law allows them to elect either.

You haven't shown (at all) how the adult children could be help responsible for harboring.

As for the probate, the chances that it will go to Mexico based on this fact pattern is slim to none...and slim headed out the door some time ago...

 

[OHRoadwarrior]

Again you are selectively applying and discarding laws on a whim. I simply provided the possible outcomes. The court may find it expedient to require Mexican probate to establish relatives for probate purposes, rather than burn up the $15k chasing proof. However, as I noted, CA law allows the law to exert jurisdiction over foreigners and to recognize foreign orders as it deems to be in the public interest. Something uncommon in other states.

You haven't shown (at all) how the adult children could be help responsible for harboring.

As for the probate, the chances that it will go to Mexico based on this fact pattern is slim to none...and slim headed out the door some time ago...

 

[Zigner]

Again you are selectively applying and discarding laws on a whim. I simply provided the possible outcomes. The court may find it expedient to require Mexican probate to establish relatives for probate purposes, rather than burn up the $15k chasing proof. However, as I noted, CA law allows the law to exert jurisdiction over foreigners and to recognize foreign orders as it deems to be in the public interest. Something uncommon in other states.

NO - you stated a conclusion, not possible outcomes. Furthermore, since the person died in this state, the probate laws of this state are applicable.

 

[OHRoadwarrior]

I agree they are applicable, I SAID SO. However as he was a foreign national the court either needs to bounce the ball to his home court, the city in Mexico for primary probate or investigate at the expense of the estate the possibility of relatives with a superior claim according to CA intestacy rules are alive in Mexico, his home.

As I said, I have experience with probating assets in both the US and Mexico. They require separate probating, however intestacy must be determined by each country and all relatives potentially benefiting must be found to determine who inherits legally. You cannot just go to court and say it belongs to me, dish out the cash judge.

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NO - you stated a conclusion, not possible outcomes. Furthermore, since the person died in this state, the probate laws of this state are applicable.

 

[ecmst12]

The OP should be wary of taking advice from someone who so clearly hates immigrants (legal AND illegal) and has no interest in helping them but only scaring them, and he should consult a probate attorney for guidance.

 

[OHRoadwarrior]

Which is why I said there will be little or nothing left to inherit by the time the estate is probated. The court will insist Mexican relatives with a superior claim be determined to exist or not exist.

I do not hate immigrants. I only believe people who break the law should not profit from it in life or death. It is one of the maxims of US law is it not? Lawbreakers have their ill gotten gains seized by the government. If anyone here was more friendly to Mexicans, in Mexico, it would be me. As a matter of fact, when my father passed, I processed all the paperwork so his girlfriend, a Mexican citizen living in Mexico, received his life insurance policy by acting as her liaison with the insurance company and at my own cost, UPS'ing documents back and forth from Mexico. She took the benefits and built a home in Chipala, Jalisco for her and her children with the proceeds. The last time I was there to help wrap up my uncles estate, I spent about 2 or 3 hundred dollars fixing up her car because she neglected maintenance and the transmission was beginning to slip and the front struts and a tie rod were going bad from her constantly speeding over topes.

It appears the people with problems here are the ones who wish the laws should be selectively ignored. They are ones being confrontational.

The OP should be wary of taking advice from someone who so clearly hates immigrants (legal AND illegal) and has no interest in helping them but only scaring them, and he should consult a probate attorney for guidance.