
Liquorice
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Everything posted by Liquorice
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Firstly, you should always have separate Wills for assets in Thailand and in your home Country and each should reference the other, Your legal spouse will always be regarded as the beneficiary in the event of your demise, and a Will can either confirm or change that. Not in the case of Thai spouse, who under Thai ascension law is the automatic beneficiary, unless a Will states otherwise. This as others have confirmed is why Thai banks advise you to withdraw any funds (if you have access) before advising the bank of the death. There are no repercussions in the case of the Thai spouse making those withdrawals, even without a Will, as she is legally entitled to it. I've helped Thai spouses and a Thai carer through this process 4 times in the last two years.
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Then they will receive a receipt, which they should give to you to staple in your passport as evidence it was filed.
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Or failing their reluctance to submit it, request a signed copy of their Tabien Baan and ID card, then file it yourself. You should have covered this with the owner before taking the apartment.
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It's the hotel's responsibility to file a TM30 being a commercial premise. In private residential accommodation it's a different matter. In this case, under section 38 of the Immigration Act, it's the responsibility of the housemaster, owner or the possessor of the residence to file. Section 4 of the Act, defines the housemaster as any persons who is the chief possessor of a house, whether in the capacity of owner, tenant, or in any other capacity whatsoever. So you as the tenant and possessor are just as responsible to file as the owner is.
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No idea what charges you incur for a direct wire transfer, but you should compare those charges against using 'Wise', which the majority of expats use for transfers. Transparent site, low cost fees and good exchange rates. Yes. Transfer 65K per month to a Thai bank account in your wife's sole name, and after 12 transfers (one year) she qualifies for an extension of stay based on retirement (50+) in her own right, not as a dependant of you. The 65K per month can be immediately withdrawn and used for expenses. Ignore the tax thing!
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@LivingNThailand I assume you keep that 800K locked in an account throughout the year for Immigration purposes. I also assume you transfer other funds to cover monthly expenditure. If you can afford to make a monthly overseas transfer of 65K per month to your wife's Thai bank account in her sole name, then after 12 x monthly transfers she qualifies for an extension based on retirement independent of you.
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There is no written policy or procedure in your situation. If you decease, then your wife's permission of stay ends, as it was based on you meeting the criteria. Whether Immigration would honour any remaining permission of stay (as they do when a Thai wife passes) would in my opinion be purely at their discretion. They could give her 7 days to leave the Country. Alternatively, if she is in the process of obtaining a court order to release your assets to her (easy if you have a Will in place) then an acting lawyer should be able to issue her a letter for Immigration to obtain a 90-day extension under section 2.26 of Immigration order 327/2557. Sorry, it brings us back to the financial aspect, which is just as much a part of the process for your wife to apply for an extension of stay based on retirement in her own right.
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Our accounts are with Bangkok bank. Added my spouse to both my Savings and FTD accounts. In the case of my Savings account, BKK issued an additional debit card for her with her own PIN. In hindsight, she didn't really need that debit card as she has her own accounts and I pay the additional 200 BHT per annum for the additional card, and she knows the PIN for my card anyway, but it's an option. Be clear you don't want a joint account, just to add her as a co-signature to your account.
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I should add in the event of a foreigner's death, the hospital notifies the police, who are then supposed to notify Immigration and your Embassy. They do not notify any banks. For a foreigner to be buried or cremated in Thailand, the Wat requires permission from your Embassy. The Embassy will first contact family to gain permission to issue the authority for the Wat to proceed.
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Having helped with the aftermath of a few foreigners deaths in previous years, under Thai law the Thai spouse is legally entitled to your estate. There is no probate unless someone challenged the spouse. It takes approx 4 weeks to obtain a court order to release the funds, but you are perfectly correct that banks advise in the event of death if you can access the funds, do so. There is no comeback in the case of a spouse doing this. The legal issue in your case is your wife is not Thai, although I suspect under US law she is automatically entitled to your assets. I'm also a planner. You can make a Will, and you can also add your wife to your accounts as a co-signature. That gives your wife the authority to withdraw/transfer funds perfectly legally, whether you're dead or alive. You do this via a power of attorney form at the bank. Your wife's name does not appear on any statements or letters for that account that you use for Immigration. Her signature appears in the back of the book, but can only be seen under UV light.
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From personal experience, Immigration always request proof of receipt of a pension(s) from the pension provider(s) when using the monthly overseas transfers. I'm also informed by expats of different nationalities that in order to receive the Embassy Income letter, they are now required to provide proof of pension statements to obtain the letter. Just how do you prove your retired the previous month if you can't provide a letter stating when your pension started. Would you expect Immigration just to take you at your word that you only retired a 'month' ago?
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90-day report without physical passport book
Liquorice replied to mikeh's topic in Thai Visas, Residency, and Work Permits
Correct, if you make an overseas trip and miss the due date of a report, you must make the next one in person 90 days after entering so they can reset the clock. -
Over the last 4 years, I've witnessed several expats passing and leaving their spouses, girlfriends up <deleted> creek without a paddle due to using the monthly overseas transfers. Last one just a fortnight ago, leaving his wife to pick a substantial hospital bill, his cremation costs and deal with finance on a car. His account had just over 30,000 BHT in it, and she's now waiting to obtain a court order to release the funds, which will go towards paying off her debts she's now incurred to pay his bills. Add to that the loss of a monthly income.
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I recall the requirement for a medical letter years ago. I used to pick mine up at a clinic, 50 BHT, never saw the doctor. Then long before Covid my IO handed it back and stated not required any more. Not seen any recent requirements which including a medical report. If I recall it was for Elephantiases, Leprosy and a couple of other conditions. Any other IO's still requesting the medical letter?
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Impossible to 'verify' unless your pension provider breaches the Data protection Act. Other Embassies don't and can't 'verify' incomes, and I wonder if you understand the legal term of the word. Not ALL foreign Embassies issue Income letters. After news of the cessation of Embassy letters, Immigration issued new orders stating Embassy Income letters only had to be 'certified', which the UK in particular had been doing. That order was issued after the horse had bolted the stable. They really expected the UK, US and Aus to resume services as normal after a merry dance for the previous 6 months. Final word, as it's off-topic to the thread.
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Pros and Cons. My wife has her own business, but for 2 hours once a year she closes to attend Immigration for my application. She doesn't have to return when I get the stamp after the under consideration period. The financials are less and not forced to lock funds in a Thai bank account throughout the year. Legally allowed to work if desired, just apply for the work permit.
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Non-O Extension and Visa Exemption
Liquorice replied to Mercurialm's topic in Thai Visas, Residency, and Work Permits
No, you cannot extend the 90 day stay from a Non O visa, unless married to a Thai, then you can apply to extend your stay for a further 60 days.