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Ecuador Expat Forum

Writing a Will in Ecuador

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cccmedia
3/12/2017 13:24 EST

Expat X moves from the USA to Ecuador, where he buys a condo in Year Two and a car in Year Three and has an EC bank account where his Social Security checks are sent.

He wants to leave a USA will to have his pine box eventually sent to the family plot in upstate New York .. and to distribute his USA bank account funds to surviving family members.

He wants to leave his Ecuador assets, mentioned above, to charities in Ecuador.

Along the way, Expat X finds that the air in his highlands city is adverse to his health -- not enough oxygen, too much bus pollution.

He decides to move to El Retiro, Colombia.

Issue:

His attorney in Ecuador says that when Expat X loses his residency in Ecuador due to time outside the country .. his Ecuador will is automatically invalidated.

Does Expat X have to move and/or liquidate his Ecuador assets in order to have control over the future of the assets / proceeds?

cccmedia

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00abuse

OceanHideaway
3/12/2017 15:56 EST

Expat X needs a new attorney.

He should also make an appointment to visit with the US Consulate to discuss how to protect his property in Ecuador should he move to another foreign state.

Since foreigners may hold property in Ecuador while living abroad just as nationals may, this statement made by Expat Xs attorney appears ... questionable.

In addition I would wonder if in fact Expat Xs Will and Living Will/Durable Power of Attorney are correct and adequate, if Expat X has copies with his loved ones back in the States, if said documents are properly and adequately stamped with full and complete translations in English duly acknowledged by said Notario, and if cross Wills of identical verbiage from a US probate attorney have been attached quid pro quo both here and back home to ease the transition in probate for all executors in both countries on the event of Expat Xs passing with adequate funds in a bank account in the name of the executor solely for this purpose secured?

Just a suggestion.

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00abuse

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