Jump to content

ballbreaker

Advanced Member
  • Posts

    1,349
  • Joined

  • Last visited

Posts posted by ballbreaker

  1. Trying to obtain documents you require by using phone or email is a waste of time in Thailand.  I would advise you to secure the service of a lawyer to obtain documents you want and be careful choosing a lawyer.

     

    You can read through the Thai laws concerning distribution of an estate.

    http://thailaws.com/law/t_laws/TCCC-book6.pdf

     

    If your father left a will for his Thailand estate and you are not mentioned then you have no chance receiving any inheritance.

     

    • Like 2
  2. The below is from Honda European news release on a 250cc Forza Z in 2004.  The OP's link is also a European new release for the 2018 Forza.  Does the new Forza in Thailand have the S-Matic or C-Matic CVT?

     

    The electronically controlled Honda S-Matic offers the rider a dual-mode (D-mode, S-mode) automatic or six-speed manual transmission. The six-speed manual mode shifts as well as changing between D-mode and S-mode can be toggled with a switch located on the right-hand side of the handlebars. A signal from the ratio switch is fed to the Honda S-Matic transmission ECU, and the control motor is operated with sensor signals to change the position of the drive pulley, effecting gear change. Further, in six-speed manual mode, the unit automatically shifts down to first gear when the scooter is stopped. This allows the rider to enjoy the convenience of an automatic combined with the sportiness of a manual, all in one bike.

     

  3. The below is off the W7 instructions for year 2019.  My interpretation says everything after the word examples are reasons you must renew.

    You will not be able to use spouse as exemption unless she renews ITIN.

     

    "ITINs for spouses and dependents who reside outside of the United States. Spouses and dependents residing outside of the United States shouldn’t apply for, or renew, an individual taxpayer identification number (ITIN) unless they qualify for an allowable tax benefit. Examples include a dependent parent who qualifies the primary taxpayer to claim the head of household filing status, or a dependent who files his or her own tax return. The individual must be listed on an attached U.S. federal tax return with the schedule or form that applies to the allowable tax benefit. For tax years 2018 through 2025, you can’t claim a personal exemption deduction for yourself, your spouse, or your dependent."

     

     

  4. Since the father left no will it falls under Section 1629 and 1635 of Civil and Commercial Code Book 6 which pertains to division of estate between statutory heirs.  The wife he was legally married to at time of death receives equal share with his descendants.  If only three children then wife and three children would each receive 25 percent shares.  You mention a second wife but it comes down to who was legally married to him at time of death?

     

    If you wait until the legal wife dies before going to court then fathers descendants share equally.  This means each child gets one third.

     

    I would certainly talk with lawyer to get accurate legal advice before you proceed.

     

    Also keep records to prove money trail for construction of house for when you go to court.  They might come in handy if family cannot decide who gets what and the court is forced to make the decision.

     

    If you can afford the loss I would walk away from what might become a bad situation and certainly not live close as someone suggested.

    • Like 2
  5. If you go with your plan of taking SS and $10k each year from 401k you might be in for a surprise depending how much is still left in tax deferred accounts at age 70.5.  You may find you owe a lot more in taxes because you are required to pull out much more than $10k each year.  Keep in mind when your age reaches 70.5 there is a minimum required distribution each year from your tax deferred accounts.

     

  6. 9 hours ago, cmarshall said:

     

    Why would I need a Thai will?  I have no assets in Thailand other than a bank account.  Are you saying that the bank account must pass through probate here?

     

    The estate tax begins at estates valued at $11.4 million.  That's not me.  So, I don't see that estate tax is an issue.  Was the estate that you were involved with as large as this?  We have no tax domicile within the US at this point, so there wouldn't be any estate tax at the state level either.

    Yes the will must go through probate because beneficiaries cannot be named on bank accounts.  Reason a third party has become involved and was explained as follows.  You and bank have a two party relationship and now your wife is a third party asking for the proceeds from your account.  The bank doesn't know your wife and they will need court order to release funds because someone may challenge will.

     

    Two options that might be tried before probate.

     

    First would be to investigate something I have read recently on the TV banking forum.  Some posters have stated they have been able to add a second person authorized to withdraw from their account by signature but account remains in their name only not as joint account.  If this can be done then wife could withdraw all funds.

     

    Second would be to take death certificate, will, passport and marriage license to bank to see if they would release funds.  All documents would need to be in Thai.  If that fails start probate.  Did not work for me.

     

    In reference to the estate tax it was well under the limit.  My problem was with joint brokerage account that I wanted to remove deceased name from account.  The institution immediately froze half the funds and required release certificate that can only be obtained by filing estate tax return for deceased with IRS.  If known before I would have withdraw funds and closed account and opened new account in my name only.  That's why I suggested you chat with your financial institutions so all your ducks will be in line when the time comes.

  7. You need a will and I would name your wife executrix and sole beneficiary of your Thailand estate.  Upon your death the will would need to go through Thailand's version of probate court.  This will require a lawyer to process through the court and may take several months.

     

    Since all your assets are with US financial institutions and your wife is sole beneficiary a will covering those assets is not necessary.  You will need documents you and other posters have mentioned to get access to US accounts unless they have another requirement.

     

    You need to talk with financial companies holding your accounts and find out if Estate Tax Filing with the IRS is required before they will release accounts.  I needed to do this and it took 8 months from the time I sent Estate Tax return until I received release certificates back from IRS.

  8. The land chanote and loan documents are two different transactions. If the mother is only name on chanote then she is owner of land. The bank has a lien recorded at land office and on her copy of chanote which the bank keeps until loan paid off.

    Most likely the son is just a guarantor of the loan in case parents cannot pay. You can verify by reading parents copy of loan documents.

    Sent from my SM-P585Y using Thailand Forum - Thaivisa mobile app

    • Thanks 1
  9. Since you have been driving Fortuner for many years I don't think you will be happy with a lower riding car model.  I suggest you take a look at Mazda CX 5 which is what they a call crossover SUV.  It will provide a higher ride height that you are accustomed to and will handle like of a car.  For you proposed use I would go with one of 2.0 liter versions and stay away from the diesel.

     

    I currently have CX 5 I've owned almost 4 years without any problems in 50k+ km of driving.

     

     

  10. Any contract offer you receive is not set in stone and by using contract addendum you can counter offer back to buyer.

     

    In reference to contract you received I have never seen such terms concerning deposit when buying and selling residential property in US and Thailand.  The usual terms for deposit are seller keeps if buyer backs out or returned if seller backs out.

     

    What does contract say about deposit if buyer backs out?

     

     

     

     

×
×
  • Create New...