Trusts and wills are key tools in the process known as estate planning.  There is a common misconception amoung US and Canadian citizens that if they set up a living trust in their countries of origin, once they pass away, their trustee will be able to exercise his duties in Mexico.  Trustees in Mexico can only be banking institutions, thus a trustee in the US or Canada cannot fully perform his duties in Mexico and is at best recognized as an executor or legal representitive of the estate.

Another misconception is that trusts and wills are subjects of interest to only the wealthy.  Not true, and estate plan provides the legal mechanism for the disposing of property upon death in a way that recognizes your wishes and the needs of your survivors, while minimizing taxes and preventing or lessening legal costs.

When it's time to make out your will, you have several options:  

1. Do nothing and have the state decided what to do with all your money and worldly goods.
2. Draft a will and go through probate
3. Draft a will and a trust and avoid probate.
4. If you own property in Mexico you can add a testamentary clause to your Fedeicomiso, or trust deed on  your property, and save the beneficiaries a lot of headache and expense.

I was told by a Notorio in BCS that in order for me to create my Mexican will I needed to name an Executor to my estate and identify how I wanted my estate divided upon my death. I filed that information with the Notorio.   He also indicated that my Executor could only deal with the estate in Mexico, so be forwarned that a trip to Mexico will be required.