Is a Mexican Will Legally Binding in Arizona?

Question: We have a tile business with sales handled through our Peoria office, and manufacturing of tiles in Hermosillo, Mexico. For the past 20 years my husband has spent much of his time in Mexico. Three months ago, my husband was killed in a car accident on his way back to Arizona. My husband and I never had any wills. Our adult son hired a probate lawyer who has filed probate paperwork with the Phoenix court, naming my adult son as the personal representative and me as the 100% beneficiary of my husband’s property, including our tile business.

Last week, I got a letter from a Hermosillo lawyer forwarding probate paperwork, including a will by my husband leaving everything to his Hermosillo girlfriend and their 8-year-old son. I am totally shocked. Is this Mexican will valid? Will my family lose our tile business?

Answer: First, if the will is valid under Mexican law, Arizona courts will generally recognize the will (A.R.S. § 14-2506 (B)). Second, your presumptive 50% community property interest in the tile business should not be affected by the Mexican will. Third, the girlfriend in Mexico probably has no desire to be involved in the tile business but just wants some financial support for her and her son. Thus, I suggest that your probate lawyer and the Hermosillo lawyer try to work together on a reasonable settlement, and if that doesn’t work, agree to mediation with a retired judge.