Give house to Thai girlfriend via estate of deceased farang

[atyclb]

House held under Thai company formed by deceased.  Estate executor abroad.

 

Can this be done by giving "power of attorney" to Thai girlfriend hten she could transfer ownership to herself?  Done by executor as gift?

 

Any experience / ideas?

 

Thank you

[trogers]

I believe the executor should employ a lawyer to compile the necessary documents for submission to the court. He/she would also need to attend court, with a translator if the executor cannot speak Thai.

 

Only upon getting the court order appointing him/her as the executor can the will be executed. Such a duty is not transferable.

[atyclb]

32 minutes ago, trogers said:

I believe the executor should employ a lawyer to compile the necessary documents for submission to the court. He/she would also need to attend court, with a translator if the executor cannot speak Thai.

 

Only upon getting the court order appointing him/her as the executor can the will be executed. Such a duty is not transferable.

 

thank you.  is it mandatory that the executor living overseas attend the court in thailand?   assuming the executor (overseas) is already duly appointed can he/she "gift" the house to the girlfriend in Thailand ?

[trogers]

5 minutes ago, atyclb said:

 

thank you.  is it mandatory that the executor living overseas attend the court in thailand?   assuming the executor (overseas) is already duly appointed can he/she "gift" the house to the girlfriend in Thailand ?

I believe the will cannot bequeath the house as it is owned by a company, and not by the deceased.

 

The executor will have to seek legal counsel on how to bequeath the control of the company, and whoever controls the company can then sell the house to the gf for whatever small sum, and then liquidate the company.

[henry15]

An executor of the estate will always be appointed by the court. So its mandatory he is present. The executor must prove to the court the kind  of relationship or  friendshio with the deceased.  He must also explaine what he is planning to do with the estate.

 

I've been an aproved executor of an estate. The deceased was an Thai national. Inheretance laws and procedures are rather complicated in Thailand. So i advice to contact a lawyer.

 

Would like to give a warning. An executor take over all the legal  rights of the deceased. For example the chanotte of the real estate is transfered to his name. Later he must transfer the chanotte to the heir. In the mean time he has full control over the property. He can  evict or deny entry, even to an suposed heir. and that even in the case the heir is appointed in a will.

 

 

[12DrinkMore]

1 hour ago, henry15 said:

Would like to give a warning. An executor take over all the legal  rights of the deceased. For example the chanotte of the real estate is transfered to his name. Later he must transfer the chanotte to the heir. In the mean time he has full control over the property. He can  evict or deny entry, even to an suposed heir. and that even in the case the heir is appointed in a will.

 

Sounds like you had some bad experience.

 

I don't quite understand why there should be a transfer to the name of the executor. Surely that simply increases costs and risks for the estate?

 

 

[trogers]

1 hour ago, 12DrinkMore said:

 

Sounds like you had some bad experience.

 

I don't quite understand why there should be a transfer to the name of the executor. Surely that simply increases costs and risks for the estate?

 

 

Would simplify the procedure if one of the heir is also the executor. In my case, I was both executor and sole heir.

Edited December 6, 2017 by trogers

[scorecard]

14 hours ago, trogers said:

I believe the will cannot bequeath the house as it is owned by a company, and not by the deceased.

 

The executor will have to seek legal counsel on how to bequeath the control of the company, and whoever controls the company can then sell the house to the gf for whatever small sum, and then liquidate the company.

 

Or put it another way, the executor has no power whatever, anywhere to override the instructions in the will.

 

If the will of the deceased farang states that he wishes to give the property to the gf, then once the correct process is completed (present it all to the appropriate court), the court will issue a court order to the Thai Lands Titles office instructing them to immediately change the owners name to the gf's name. All done. 

[trogers]

14 minutes ago, scorecard said:

 

Or put it another way, the executor has no power whatever, anywhere to override the instructions in the will.

 

If the will of the deceased farang states that he wishes to give the property to the gf, then once the correct process is completed (present it all to the appropriate court), the court will issue a court order to the Thai Lands Titles office instructing them to immediately change the owners name to the gf's name. All done. 

Not in this case as the deceased's estate does not own the house. His estate only owns shares in a company that owns the house.

 

And in so many cases, the shares would add up to less than 50%.

[henry15]

4 hours ago, 12DrinkMore said:

 

Sounds like you had some bad experience.

 

I don't quite understand why there should be a transfer to the name of the executor. Surely that simply increases costs and risks for the estate?

 

 

I had no bad experience at all. Its just a warning. I was the executer of my friends wife real estate. Because its wass less than 1rai, he could have full ownership,,so he did'bt have to sell the property in 365 days.

[henry15]

2 hours ago, scorecard said:

 

Or put it another way, the executor has no power whatever, anywhere to override the instructions in the will.

 

If the will of the deceased farang states that he wishes to give the property to the gf, then once the correct process is completed (present it all to the appropriate court), the court will issue a court order to the Thai Lands Titles office instructing them to immediately change the owners name to the gf's name. All done. 

Not correct. The court don't give any instructions to the  landdepartement. The executor just shows the court verdict of his appointent by the court. Same in the bank.

Once hes appointend he have full control  of ALL the assets of the deceased. 

The land department not even ask for the will.

I've been an executor so I talk by experience

Edited December 6, 2017 by henry15

[atyclb]

Thanks for all the responses and information. I wonder if the executor abroad (deceased son) could somehow transmit 49% company sshares to deceased gf then she somehow could acquire 2 % more then at 51% perhaps she could transfer ownership from company to her?

 

BTW a Thai lawyer will be consulted, just gathering ideas info here.

[12DrinkMore]

7 minutes ago, atyclb said:

Thanks for all the responses and information. I wonder if the executor abroad (deceased son) could somehow transmit 49% company sshares to deceased gf then she somehow could acquire 2 % more then at 51% perhaps she could transfer ownership from company to her?

 

BTW a Thai lawyer will be consulted, just gathering ideas info here.

 

A few of my random thoughts.

 

This seems like a very fraught issue.

 

If the gf inherits the deceased's share of the company, does she also inherit the signing rights? Which, if the company was set up correctly, would be solely in the deceased's name.

 

There might be presigned undated sales contracts from the Thai shareholders. Just have to fill in the name of the benificiary. Maybe check around for these documents. When I had a company, this is how it was done. You may be able to give control to her through this route.

 

Otherwise standby for a majority takeover, as the 51% Thai owned shares exert their voting rights to assign themselves signature rights.

 

You can only aquire an extra few percent if the existing shareholders are willing to sell. Might find the price has risen.

 

Presumably the Thai shareholders will also have a claim on 51% of the value of the assets in the company. It may even not be possible to transfer the house out of the company wthout paying them.

 

Good luck with this.

 

Keep us informed. There will be more than a few in this situation.

 

[scorecard]

20 hours ago, henry15 said:

Not correct. The court don't give any instructions to the  landdepartement. The executor just shows the court verdict of his appointent by the court. Same in the bank.

Once hes appointend he have full control  of ALL the assets of the deceased. 

The land department not even ask for the will.

I've been an executor so I talk by experience

 

I don't disagree and maybe my choice of words was not the best.

 

True the court issues a document which will be respected by the land office, banks etc. 

[scorecard]

On 12/6/2017 at 8:25 AM, henry15 said:

An executor of the estate will always be appointed by the court. So its mandatory he is present. The executor must prove to the court the kind  of relationship or  friendshio with the deceased.  He must also explaine what he is planning to do with the estate.

 

I've been an aproved executor of an estate. The deceased was an Thai national. Inheretance laws and procedures are rather complicated in Thailand. So i advice to contact a lawyer.

 

Would like to give a warning. An executor take over all the legal  rights of the deceased. For example the chanotte of the real estate is transfered to his name. Later he must transfer the chanotte to the heir. In the mean time he has full control over the property. He can  evict or deny entry, even to an suposed heir. and that even in the case the heir is appointed in a will.

 

 

 

 

Which is why I transferred as much as possible to my Thais son's name years ago, and put all monies into joint bank accounts, only one signature required me or son.

 

In turn my Thai son has already transferred property to each of his 3 kids and plans to keep doing that if he acquires any more property. Cars and motorcycles are in the names of his 3 kids. 

Some money in joint account with his wife, some money in joint accounts with his 2 oldest kids. 

 

Why, he trusts his wife but wouldn't trust any of her siblings with anything, and for good reason.

[huawei]

^^^^ this is the best thing to do. Although I have seen Thai wives push back at transfer to the children...it is absolutely the best thing to do..can't do anything till 21... good..it can be problematic if you want to sell something, family court etc...but it's protection for the kids, so many wives are ill equipped..that's not a critisizm that's just fact..ill equipped to deal with family members as well as lack of financial acumen, the former is emotional and difficult to deal with..

 

seen so many over over the years..

 

foreigners get old here...no push back...easy life..that's understood..but in the long run the kids will loose out...