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Guardianship: California & Mexico

CA Guardianship Mexico Citizens Estate Law

Sacramento probate attorneys are called upon to handle many complex issues related to guardianships, conservatorships, estates, probate and trust matters. Because of California's close proximity to Mexico, it is not uncommon for Mexican citizens to travel frequently between their country and the United States. It is relatively common that people who must be notified of particular court proceedings live in Mexico. Say, for example, there is a will or trust contest in Sacramento while one of the parties to the litigation lives in Mexico City. This can provide some real difficulties in notice.

Imagine there is a father who is a Mexican National and who does not have documentation to enter the United States. When his children living in the United States have guardianship issues, for whatever reason, the father must be properly noticed.

The Court overseeing the guardianship of minor children will require that a Notice of Hearing and proof of personal service on the father, identified in the guardianship petition, who purportedly lives in Mexico.

When a person who is to receive personal notice of a guardianship proceeding resides in Mexico, service may be either by:

a) International registered mail, return receipt;

b) Service by agent (typically an attorney in Mexico);

c) Service by Letters Rogatory; or

d) Service via the Mexico Ministry of Foreign Affairs.

(See: CCP section 413.10(c); Pr.C. 1511; In re Alyssa F. (2003) 112 Cal. App. 4th 846, 885, fn. 10; Convention on the "Service Abroad of Judicial and Extrajudicial Documents" in Civil or Commercial Matters, Nov. 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 (Hague Service Convention). )

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