Lawyers in Cuenca

We would like to make a recommendation, our personal recommendation, for a lawyer here in Cuenca. It is our opinion, though not shared by everybody, that it is always a good practice to hire a lawyer when you are involved in a major transaction in a society that is not familiar to you and where the laws are often not the same that you are used to. While Ecuador is not the litigious society that the US is, it is still, like almost everywhere else, filled with legal pitfalls. Here there are few of the citizen protective laws governing real estate transactions, car sales, and other major purchases. Also there are the difficulties of dealing with your application for residency, driver’s license, and car registration to name a few tedious projects that are full of complications which take a long time and much energy to complete.  Wills and trusts are totally different than in the US and should always involve an attorney.  Because there are few regulatory laws to govern transactions like real estate, it is easy for ineffective lawyers to cut corners, avoid due diligence, and just move on leaving their client with little recourse if there are problems.

It is hard to find a lawyer who fills the requirement of honesty, reliability, and expertise at a cost you are willing to pay. We have friends who bought a home on the coast only to find out later that the seller did not own it even though they had a lawyer draw up the sales agreement (honesty).  We sold our house six months ago and the buyer’s lawyer still has not delivered the deed to the new owner (reliability). We have other friends who, in the finalization of their residency and after delays that ran into months, fired their lawyer, hired another and had their residency within weeks (Expertise).  Almost everyone we know could tell a story.

Most of our friends here fall into one of the three following categories, those who do not use a lawyer for anything and wing it on their own, those who are most interested in finding the least expensive lawyer for their needs, and those who want the best and most reliable lawyer they can get to avoid any future problems.

It is our opinion that the third choice, a good lawyer who speaks English and Spanish, is honest, reliable and has the expertise, will  open the doors to the complex bureaucracy in Ecuador that requires a great deal of leg work and too much risk to try on your own.

There are hundreds of lawyers or Abogados in Cuenca and you will find them tucked away in little store fronts throughout the city.  Inside there will be a table or two and a few chairs. But almost none of these lawyers speak both English and Spanish which is quite important to a newcomer and we would not suggest using them.

Probably, and only through word of mouth, will you be able to find the right fit for you. That said, we wholeheartedly recommend that you interview Grace Velastegui and her husband, Nelson, our lawyers for the last two years. They have taken us through the residency process, the purchase and sale of our home, the complex re-registration of our car when our registration was lost, Ecuadorian wills, and the complexities of Ecuadorian custody law for our grandson, Jonny.  Every cent we have spent with them has been worth it. They are honest, have a high level of expertise, speak English, and can be counted on to be prompt and efficient.

It is easy to correspond with them at gracevelastegui@yahoo.com.  We think it will be well worth the effort. 

Little acts of kindness

It is so easy to complain about those things in Ecuador that are more difficult, more complicated, or that take an inordinate amount of time to accomplish. Life goes at a different pace. A simple task takes longer and is always more frustrating than just going to a store and picking from endless choices, checking out in mere minutes, and moving on.  Here, shopping and dealing with the bureaucracy almost always has either built in complications or some undefined obstacle to hinder progress.

It is also easy to complain about all the unusual and problematic issues that confront us every day.  Nowhere have we seen ruder drivers who have a seeming road rage that belies the Ecuadorian’s otherwise quiet nature. Then there is the attitude that what is yours can be mine which can only be solved by not carrying expensive looking cameras, telephones, or loose purses. For a seemingly docile people, there is a need to get there first, to move up to the head of the line, to get to the stoplight before you, or to push a little too hard.

But, almost everywhere you turn, if you keep your eyes open, you will see little acts of kindness and love. Today, as we were leaving our favorite little fruit market, we saw an old woman who had been sitting outside her market on a stool  endlessly prepping vegetables, get up and give a couple of tangerines to a street cleaner in front of her store. The street cleaner, in her bright orange work suit, was hot and tired and with a great smile welcomed the cool pieces of fruit.  A day doesn’t pass when you don’t see a young person with her arm locked in an older persons arm, lovingly helping her navigate the rickety sidewalks.  People feed stray dogs with their precious food. It is a country where three and four generations live in the same house.  While this is not terribly unusual in these days of turmoil, what is unusual is the attitude of the young towards the older family members. There is much touching, hugging, and kissing that works up from the young to the old. Rarely will you see a young teenaged child argue or be rude to an older adult. More often, you will see a teenager with his or her arm around the parents shoulder or playing softly with their hair. Public affection is not an embarrassment. It is so common that you tend not to pay any attention to a couple locked in a close embrace on a busy sidewalk totally oblivious to the passers by.  Affection is the norm not the estrangement or distancing so prevalent among teenagers in the US.  It goes without saying that young children are protected, coddled, and overtly loved to the extent that most Ecuadorian families seem to have dedicated their lives to their children.

If you will open your eyes a little wider, you will see that these little acts of kindness far overshadow the complexities and difficulties of living in a foreign country. 

Bill's new book, "Chinchorro Reef"

Here is something new for our blog. We have always said there would be nothing commercial on the blog but it seems there is always an exception. Bill has published a new book, an action adventure story called Chinchorro Reef, Kidnapped at Sea. He started writing Chinchorro Reef in 1989, played with it for years, finished it recently, and has published it in paperback and as an e-book. Previously, he has published three non-fiction books on sailing and boating. Chinchorro Reef is his first book of fiction.  It is available on Amazon.com, Barnesand Noble.com, and Xlibris.com for shipment anywhere in the world.

Short description:

“Chinchorro Reef is an action thriller that touches on almost every human emotion, a page turner that you will find hard to put down. Murphy Fontaine, recently divorced from U.S. Senator Michael Fontaine, cruises the Caribbean in the family sailboat with Benji, her ten-year-old son. She has lost Benji in a custody battle with the Senator and has begun this cruise hoping to find a solution to regain custody. It is night and Benji sleeps below. She rescues two young Americans, Cotton and Mark, from a disabled fishing boat. During an argument, Murphy is knocked out and drug addled Mark sets her adrift in their stolen fishing boat. Murphy spends days drifting at sea, is rescued, hospitalized and released in Puerto Lempira, Honduras. She hears of a stranded helicopter pilot, Aram Tanner, whom she hires to pursue the kidnappers of her son. Mark and Cotton, after setting unconscious Murphy adrift in the disabled fishing boat, struggle to guide the sailboat North toward the U.S. Mark has the single minded purpose of getting a stolen cache of cocaine home to Texas. One life threatening adventure after another follows both the kidnappers and the rescuers. Murphy, with the undying devotion of a mother, faces every possible adversity to rescue her son.”

If you are a fan of high adventure with a taste for a little spice, give Chinchorro Reef a read.  It is a wild ride via sailboat and helicopter through the tropical Caribbean. If you are in the States, just push the “Buy Now” button for an easy way to purchase the book via Pay Pal. If you are somewhere abroad, try Amazon, Barnes and Noble, or Xlibris. 

How do I deal with retirement?

For almost two years we have been writing this blog about our move to Cuenca, Ecuador and the ups and downs of living here. It has been our good fortune to have had thousands of readers who were looking for on-site information about a possible move to Ecuador. No blog can answer all the questions though each of us who write a blog try. Some of the questions are quite personal. Others venture on the impossible task of trying to help people with different concerns via the impersonal internet and email. A lot about life in Ecuador has been covered here and on other blogs. But there seems to be one nagging question that hides below all the others.

Among retirees abroad and here in Cuenca there is almost a universal concern about what life will be like once they retire. Although some are not yet retired, many have recently entered the last quarter of their lives and don’t know what to expect after a lifetime of working and raising children.

Some of the recurring questions have been “What can I do when I retire to Ecuador?” or “What job opportunities are there?”  or, an even more telling question, “What is it like to be retired and no longer working? What will I do with myself?”

A couple of years ago I wrote a book for real estate community developers to distribute to their potential customers.  Though the book is not in print any longer, we thought it might be of interest to look at some of the issues the book dealt with relating to the process of planning and the actuality of retirement.  How to deal with this life changing event is an almost universal question. So, in this posting, we will print an exerpt from the book and, if there is interest, we will print others later that seem most relevant to approach this question of a new life and the changes it brings.  

Change Versus Being Stuck

Countless books have been written about having a positive attitude and how it effects a successful life. Unfortunately, few have been written about how people’s attitudes relate to prospering in retirement.

Study after study has found that our perceptions about work and retirement are rapidly changing. No longer is retirement considered the end of a fruitful life. Questions are being asked and answers sought. Growing older is no longer the main issue, but how we live our later years and the vitality of our lives, have become the subject.

One of the changes we are seeing is that, in the past, many people spent their lives in retirement doing the same things with the same friends each and every day. Very little changed from the time when they worked and raised their children. They were stuck in a life-long rut and the inevitable result was a downward spiral in health and happiness.

But, this is not the way it has to be. An adjustment in attitude involving using more free time to develop new activities and new friends would bring vitality and interest to those people whose lives have reached a dead end. What do you think would happen if you struck off on a new path in retirement and tried something new and different that would surprise even you by its audacity?

Steve Jobs, the CEO of Apple Computer and of Pixar Animation Studios, gave the commencement address at Stanford University on June 12, 2005. The following excerpt from his speech to the graduating students is just as relevant to retiring people as it is to graduating seniors.

“…Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma — which is living with the results of other people's thinking. Don't let the noise of others' opinions drown out your own inner voice. And most important, have the courage to follow your heart and intuition. They somehow already know what you truly want to become. Everything else is secondary.

When I was young, there was an amazing publication called The Whole Earth Catalog, which was one of the bibles of my generation. It was created by a fellow named Stewart Brand not far from here in Menlo Park, and he brought it to life with his poetic touch. This was in the late 1960's, before personal computers and desktop publishing, so it was all made with typewriters, scissors, and Polaroid cameras. It was sort of like Google in paperback form, 35 years before Google came along: it was idealistic, and overflowing with neat tools and great notions.

Stewart and his team put out several issues of The Whole Earth Catalog, and then when it had run its course, they put out a final issue. It was the mid-1970s, and I was your age. On the back cover of their final issue was a photograph of an early morning country road, the kind you might find yourself hitchhiking on if you were so adventurous. Beneath it were the words: "Stay Hungry. Stay Foolish." It was their farewell message as they signed off. Stay Hungry. Stay Foolish. And I have always wished that for myself. And now, as you graduate to begin anew, I wish that for you. Stay Hungry. Stay Foolish.”

How Did Successful Retiree Do It?

If you take a look at affluent American retirees in their 70’s you’ll find some interesting tips. Some are no brainers. Others may be ideas you haven’t given much thought to.

Most of today’s “successful” retirees are active and independent people who recognized, early on, that personal freedom is a major source of satisfaction. A large percentage have traveled widely. Many have made significant charitable contributions and have done volunteer work.  Countless numbers have helped out other family members financially.

It is interesting to note that most of today’s retirees have planned for a lengthy retirement by understanding that they may live long, productive lives. These fortunate people have factored in almost a third of their lives for retirement. Conversely, there are many younger people who haven’t given a thought to the length of time they will probably spend in retirement. Those who have, often underestimate by guessing at around twenty-two years. Research shows that most people actually need to plan for twenty-five to thirty-five years in retirement.

Many of those retiring today seek professional advice when they need it which results in the fact that a much larger percentage of retirees hire professional financial planners than they did during their working years.

Most relied on themselves to supply the money needed for their retirement. The expectation of gaining an inheritance was seldom a factor they considered in their planning phase.  In addition, most of these independent-minded successful retirees expected their children to achieve financial success on their own.

One thing that almost everyone agrees with is that older people should find ways to spread their knowledge and experience to younger generations. To mentor a willing student is a rewarding and empowering activity that is done by many of today’s retirees.

If you take notice of the issues that successful retirees before you have discovered, getting yourself on the right track will be easier and the chance for doing well in retirement will be higher.

Get Excited About the Future

Being excited about the possibilities the future might bring will make the whole planning process a lot more fun and stress-free. When you realize that you could be facing a number of years in retirement nearly equivalent to all those years you spent at work, you begin to understand the importance of putting the coming phase of your life into a wholesome and positive perspective. Attitude seems to be the key. 

The annual children's Christmas parade

Each year the day before Christmas Eve, the people of the city of Cuenca get their children, cars, and horses all dressed up to celebrate in a massive parade. It is loosely organized and has no central theme except to present the children in costumes that herald the Christmas season. No amount of words can replace the photos of these faces.

One of the many marching bands

Tired children on a movable manger scene

Almost all of the children in the parade were surrounded by caring parents who helped them cope

Yesterday, these sheep were probably out in the fields. Today, they are on parade.

Two beautiful Senioritas

If you look closely, you will see that the blanket on the horse is made of fruits and vegetables.

On this horse, the blanket is made of candy bars. The baby is asleep under his father's protective umbrella. 

Jonny couldn't resist petting the sheep

It is hard to see just  how extravagant this float is

A girl's marching band playing the recorder

Sheep on parade

Three little Americans in the hot sun

My favorite

35,000 people and we saw only one policeman

A miniature truck with its load of children

Think of the hours of work to make these floats

A staggering load of candy and fruit

Christmas carols by an accordian man

A tired horse and his keeper

Just around the corner from the park, a truck was parked that was filled with food. Women passed out free bananas, popcorn, bread, and soup to anyone who wanted something to eat. 

Hope you enjoyed these photos of one of the nicest days any one could spend honoring the children of Cuenca.

A quick trip

We don’t usually write about our travels, but a lot happened on our recent one week trip to the States. There were a few important business, tax, and banking problems that could not be done online or in the mail, so we packed up, made some quick travel arrangements, and flew to North Carolina.

One interesting aspect of the flights was the increased level of security. In Quito, we went through Ecuador exit procedure without problems, then at the departure lounge, experienced our first “pat down.” Jonny thought it was fun and asked for a pair of latex gloves from one of the attendants and proceeded to pat down the agents to general hilarity. I was then “selected” to go to the checked baggage area out on the tarmac. Escorted by a guard, we went through many restricted areas for about a quarter mile of walking up and down endless stairs to an area near the runway piled high with hundreds of pieces of luggage waiting to be loaded onto planes. Our four bags were pulled aside and one suitcase sat on a table with an attendant waiting for me to open it. He took out Jonny’s sippy cup that had a dragon’s head on the top that bounces up and down and asked me what it was. I explained that it was a drinking cup and he nodded with some level of understanding, zipped the bag closed and I was escorted back. The guard and I were both patted down again and returned to the waiting lounge.

Our LAN Ecuador flight was almost like flying in the old days, an excellent meal, comfortable seats, and pleasant attendants. Miami airport was a zoo and required an hour on line to get out boarding passes, then again through security, customs, immigration but with no problem with the Sippy Cup. On USAir, we encountered more of what we had been used to, cramped seats, no food, and indifferent attendants. We stepped off the airplane in Charlotte to frigid weather. The east coast of the US was in a cold snap where temperatures in Florida reached into the low thirties and the low twenties in North Carolina.

 In our rental car, we spent four days racing from bank to lawyer to Walmart to friends to a short night’s sleep and then a repeat of the same schedule the next day. We got our fill of McDonald’s Big Macs and Kid’s meals, the usual shock at the excess in the stores compared to our simpler and probably more sensible offerings, plus an observation that, even in this economic crisis, people are terribly resilient and are doing the best that they can. We saw casual friends on the street and in stores and it seemed like we had not even been gone. Our close friends were still as close as ever and Jonny fell right in with his old buddies.

 Then it was time to come home to Cuenca again. Another four flights and the familiar bustle and confusion carrying four suitcases filled with Christmas gifts and items that friends had asked us to bring back. Stepping off the plane in Cuenca sent a wave of gratitude through all of us.

We were happy to be home. Though still tired from our exhausting trip, we kept our promise to Jonny and put up the tree and now look forward to the very festive holiday season ahead. Happy holidays to all. 

Census Update

Today is census day in Ecuador. At 7:00am, we looked out the window at a seemingly deserted city of a half-million people.  It was apparent that the lock-down was total.

Not a car, person, or bus was in view.  The streets were deserted. A few birds flew by the window that were not paying attention to the curfew.  They were all that moved.

Minutes later, six policemen in dress uniform walked abreast down the center of our street.  A half hour later a man and young boy, both carrying backpacks, meandered down the street, the first of many census takers that we would see on the street. In the previous weeks, High school students had been trained how to take the census and were today often seen in the company of their teachers as they made their way from house to house. It seemed strange to look out of our windows at the thousands of homes and apartments with the knowledge that, in every one, there were families waiting for the doorbell to ring. No one was at work. There were no church services this Sunday census day. No markets or restaurants were open. Everything was closed for the day. And, strangely, there were no fireworks to wake us in the morning. The entire population of Ecuador was at home waiting for the door bell to ring. 

Our day wore on, ten, twelve, two o’clock and the world outside remained as still and unchanged as a photograph. A fast and furious rain squall at two o’clock must have drenched many of the census takers. At three, two young men from our nearby high school arrived to fill out our forms. Seventy-four questions and a half hour later, they put away the forms and went on to the next of 15 households they would visit. After a polite goodbye, they dragged their tired bodies up to then next floor to do it all over again with our neighbors. All the rumors and apprehension we had anticipated were over. It was simple, direct and involved no questions about wealth or money, required no signatures or identification, and seemed mostly concerned about the quality of everyone’s living conditions. At five, the city came alive again, as if time had been asleep.