EcuadorTopic Title: Death in Ecuador
Author OceanHideaway
Date Posted: 12/12/2014 7:46 PM
Max is probably ahead of the curve here.
A major problem that is occurring now is people are rushing to have wills made up in Ecuador and are signing off on them with no knowledge of what that will states and no knowledge of who is attesting to that will.
On recent chat with my friendly notario in Salinas... it was brought up how many of these wills would be invalidated.
So what do you really require? You need the basics of a will (tesimentary intent, clearly stated, witnesses, etc.) and it must be clear that you know what is being placed into writing with all due propriety into Spanish and that you know (and you should) the persons who are witnessing for you.
And the documented needs to be adequately filed with your notario to prove it has not been changed without notice.
As to the question, do you need a will? Yes, the amount of time in probate is lessened which in turn lessens its cost.
Basically distriibution is 50% to the current spouse and 50% distributed to the children, in most circumstances.
Spouse is considered in marriage not in civil unions. This is an issue with same sex couples and children from a prior relationship.
Author boatmax
Date Posted: 12/11/2014 11:45 AM
My will was prepared by Pablo Moncayo at the law firm of Reyes and Reyes, in Quito, where it was registered.
Author eper090643
Date Posted: 12/10/2014 1:34 PM
I'm going to have my ashes mixed in concrete and applied to our house so I can HAUNT her every day. LOL
Author eper090643
Date Posted: 12/10/2014 1:31 PM
YES, you can be turned into ash. YOUR wills to be valid in Ecuador must be drawn up and registered in ECUADOR by an Ecuadorian lawyer.
Author iguanab1
Date Posted: 12/10/2014 8:22 AM
Thanks, swirlz. In truth, I think even with a will, post-death documentation and processes are a nightmare just about everywhere. For me, it's not about the money. Rather, it's about one more process I will have to endure to get it all done! I will likely have an EC will drawn up - but after I finish jumping through the hoops to get there! I also have to keep bringing myself to remember that these hoops are nothing compared to those that immigrants wanting to move to North American require. Between IETLS scores and developing documentation that doesn't even exist in other countries, I know that the EC process is likely a piece of cake! I will not, after all, have to stand in the rain in a line that circles the EC embassy, like I have seen in South Korea, to get get to live out my dream! Plato's words stand in the forefront of my mind as I write this: "Be Kind; Everyone You Meet is Fighting a Hard Battle."
Author SWIRLZ
Date Posted: 12/10/2014 6:58 AM
Personally....I would say yes you still need an Ec will. Do you really believe everything will "work out" without it? Practically speaking you're right about the kids....but is it worth the "chances" that something will go wrong? I would bet they will spend more time and money maneuvering around the system than 5 wills would cost.
Author iguanab1
Date Posted: 12/9/2014 10:14 PM
My questions is, if property automatically goes to a property owner's children by EC law, is having a will drawn up actually necessary?
Author boatmax
Date Posted: 12/9/2014 9:53 PM
I have a will in both the US and Ecuador. I own property in Ecuador, and have my wishes stipulated in Spanish, properly registered by a lawyer in Quito, and hopefully no problems, whether I am in the US or Ecuador.
Author iguanab1
Date Posted: 12/9/2014 7:11 PM
Yes, I have already begun preparations for my EC lawyer to write up the will. Although, since I am already leaving everything evenly between my two children, I wonder if having an EC will drawn up is actually necessary. Thoughts anyone?
Author rodreego
Date Posted: 12/9/2014 11:44 AM
I would highly advise against getting into a bottle with Dunmovin, dead or alive!
Author SWIRLZ
Date Posted: 12/9/2014 9:57 AM
First....creamation is definitely legal here. Second....any US will is worthless in EC re Ecuadorian assets. Here, EVERYTHING goes to the kids first....even ahead of the spouse. You really should have an Ecuadorian will prepared if you intend on owning any assets here.
Author iguanab1
Date Posted: 12/9/2014 9:48 AM
I have been dealing with the legal issues regarding my upcoming residency in EC and have a few questions for which I am hoping that someone might be able to provide answers.
I would also like to place my home in both my and my children's names. However, if I were to do that, would I then no longer eligible for the investor visa, and would I have to go through the entire retirement visa scenario?
Also, this thread is about three years old. I am wondering if anyone might be able to tell me if they have found out any new information regarding the cremation/title issues that exist in this thread. Also, if I provide EC power of attorneys for my children, would this eliminate some of the headaches that would befall them were I to pass away while living in EC?
Thanks for any info you might be able to send this way!
Author LiliyaBykova
Date Posted: 12/14/2011 10:05 AM
We decided that we(our ashes) want to be scattered in Parque Metropolitano, Quito.
I researched the legal estate matters and came to conclusion that it(Ecuadorian will) is too expensive, too much papers and almost pointless.
The best solution on my opinion, to give your designated beneficiary all your passwords so they can empty banks accounts without legal hassle - yes, I know there is a danger they will do it while you are still alive, but... we did it with my mother passing(in Mnpls), my daughter promptly transffered(online) all money left in her bank account and Au revoir, adio, salut, privet to all the lawyers and goverment that might be involved.
As for properties that we have in Ecuador - I am working now on transffering the titles to my kids. If I would buy real estate in Ecuador now and I had retirment visa I would buy it on my kids name.
Author SWIRLZ
Date Posted: 12/13/2011 4:39 PM
Thanks for the input so far. I plan on getting my retiree visa ASAP after arrival and it is good to know that cremation exists. I wasn't sure with the heavy slant toward catholicism (if that matters per se) in a latin country if cremation was legal. Yes, I will contact local legal advise ASAP for guidance but still wonder what most people plan for when the "big one" comes.
I also wonder about creating a Power of Attorney within EC should it be needed to handle the details, ship the urn, close bank accounts etc should we both fall off the roadside cliff
Author crowdpub
Date Posted: 12/13/2011 3:55 PM
The attorney is correct - at least if you own property in Ecuador there will be a whole different set of rules -
As to burial - this may have changed but the old rule was burial was to take place within 24 hours --- cremation is available --- but relatively new in Ecuador and is not the cultural norm --- but price has started to have some to practice this ritual.
http://www.latinamericacurrentevents.com
Author DUNMOVN
Date Posted: 12/13/2011 3:24 PM
Don't tell your husband but we might need a 2 litre bottle
Author ILA
Date Posted: 12/13/2011 3:22 PM
Can i share your wine bottle ,or would it be too crowded
Author STJOMOPAUL
Date Posted: 12/13/2011 3:10 PM
It will not present a problem.
Depending on what your status will be in Ecuador and how long you intend to be in the Country, you may want to wait until you are in Ecuador before having your wills redone. As a lawyer, I suggest to you that it is very possible if one of you were to pass away while in Ecuador the Laws of Ecuador may come into play regarding estate matters.
When I move to Ecuador, I intend to consult with a good lawyer there about these matters. I suggest that it may be a good Idea for you to do so also. Good Luck.
Author DUNMOVN
Date Posted: 12/13/2011 3:03 PM
I plan on using a wine bottle and a cork and have it thrown in the ocean.
Author boatmax
Date Posted: 12/13/2011 3:01 PM
I am so glad that you brought up that subject, as I have told everyone that I plan to return in a brass urn.
