The numbers of Mexican citizens moving to, and investing in, the United States are staggering. As a result, many thousands of Mexican citizens, who live in Mexico, have U.S. based families and assets. Their presence in Mexico, however, makes access to the U.S. courts extremely difficult, leaving them without representation in the courts and unable to protect their assets. We, at Folsom y Asociados, believe that it is our responsibility to make U.S. legal representation available within Mexico, to Mexicans who have U.S. based jobs, homes, families, businesses, and other assets but who cannot be in the U.S. to protect those assets..
For example, we have represented Mexican families whose children and grandchildren have come under the jurisdiction of a U.S. court, whether for child custody matters, criminal problems, or civil suits. We have contacted the courts for our clients and advised them of the families' intents, desires and abilities to be available for their U.S. relatives. The courts will then frequently appoint local attorneys for the Mexican families and therefore ensure that the can participate in the proceedings.
Similarly, we have helped victims of car wrecks and worker's injuries, who have returned to Mexico, usually to heal, and then have found themselves having difficulty collecting on their insurance policies or worker's compensation.
Additionally, our former clients include Mexican businesses that are in contract disputes with their U.S. counterparts and Mexican employees of U.S. owned businesses.
Finally, Mexican spouses of U.S. citizens must take specific steps to avoid taxation at the death of their U.S. spouses. If the U.S. citizen spouse dies before the Mexican spouse, the surviving Mexican spouse will be subject to a death tax that on all assets over $60,000, unless care is taken to prepare special tax avoidance documents. This is a tax that is not applied to U.S. citizen marriages, where no tax is imposed upon the death of the first spouse to die.