Inheritance Advice

[Paulo70]

Recently a friend of mine(Aussie) passed away and left me ( Farang)some property, a Condo. I contacted the company that made his will to find out what the process is in getting it over to my name and all the rigmarole that goes with it. They want to start a probate and quoted me 150,000 Baht. Does it have to go to probate when I am the only person on his will? Also has anyone been through this process and could share some of their knowledge regarding this issue of what I should/shouldn't do and point me in the right direction.

Many thanks

P;

[baansgr]

I would certainly seek advice from a few other lawyers. Typical telephone number quote of 150.000 for a few hours work, lawyers here think we came up on the down boat. 

[Delight]

 All wills have to go to a Thai  court official. In effect probate

The lawyer that I use quoted 30,000 Baht to be paid to the court. Max 50,000 Baht  for the complete service . This includes processing the death certificate etc.

 

Of  course you will need a FET and also have to pay transfer charges

However if the deceased named you as both administrator and beneficiary- then there is a workaround (maybe)

[dotpoom]

4 hours ago, Delight said:

 All wills have to go to a Thai  court official. In effect probate

The lawyer that I use quoted 30,000 Baht to be paid to the court. Max 50,000 Baht  for the complete service . This includes processing the death certificate etc.

 

Of  course you will need a FET and also have to pay transfer charges

However if the deceased named you as both administrator and beneficiary- then there is a workaround (maybe)

Might have been helpful if you explained what a FET is....something to do with transferring money I presume...but then again he is not buying the condo?

[nickcar]

A FET is not needed if the owner you inherited from was a farang and used the FET to buy it. A FET is a certificate showing you imported the money to buy it. 

Edited June 25, 2018 by nickcar

[Expatthailover]

8 hours ago, baansgr said:

I would certainly seek advice from a few other lawyers. Typical telephone number quote of 150.000 for a few hours work, lawyers here think we came up on the down boat. 

I had a thai lawyer assist me with a thai corporate law and didnt charge me a cent

Lawyers in uk, oz, usa are the epitome of altruism I suppose.

Why is it that every time there is an issue which irks people it is immediately turned around into a thai bashing extravaganza.

Fact is that rapacious business people will take anuone to the cleaners . 

Greed etc is not a solely thai trait albeit those with agendas want and insist we think otherwise

 

 

[Delight]

36 minutes ago, nickcar said:

A FET is not needed if the owner you inherited from was a farang and used the FET to buy it. A FET is a certificate showing you imported the money to buy it. 

 FET is required if you are buying or inheriting and intend to keep the inherited condo.

FET is not required if you sell the inherited condo within 12 months of aquisition i.e post probate

https://www.samuiforsale.com/real-estate/condo-inheritance.html

 

Edited June 25, 2018 by Delight

[Suradit69]

1 hour ago, Expatthailover said:

Lawyers in uk, oz, usa are the epitome of altruism I suppose.

You should be warned that sarcasm tends to fly over the heads of many of Thai Visa's esteemed members. 

 

You're right in pointing out that many TV members seem to easily find fault with Thais and Thailand while remaining oblivious to corruption, greed, ineptitude, bungling incompetence, etc back in the countries from which they fled.

 

 

 

 

[hanuman2543]

3 hours ago, Expatthailover said:

I had a thai lawyer assist me with a thai corporate law and didnt charge me a cent

Lawyers in uk, oz, usa are the epitome of altruism I suppose.

Why is it that every time there is an issue which irks people it is immediately turned around into a thai bashing extravaganza.

Fact is that rapacious business people will take anuone to the cleaners . 

Greed etc is not a solely thai trait albeit those with agendas want and insist we think otherwise

 

 

I really want to know where you met all these altruistic Thais.  With all the examples you give here ( MiL won 2 cases against the government, lawyer assists you for free) you must be the luckiest foreigner in Thailand. How come that if you are asked you never provide any details of your heartwarming stories? Is it all hot air?

[baansgr]

4 hours ago, Expatthailover said:

I had a thai lawyer assist me with a thai corporate law and didnt charge me a cent

Lawyers in uk, oz, usa are the epitome of altruism I suppose.

Why is it that every time there is an issue which irks people it is immediately turned around into a thai bashing extravaganza.

Fact is that rapacious business people will take anuone to the cleaners . 

Greed etc is not a solely thai trait albeit those with agendas want and insist we think otherwise

 

 

It isnt Thai bashing, dont be so sensitive. A lawyer in the countries you quoted would give a complete breakdown and itemised bill for their services. Thai lawyers just quote stupid amounts plucked out of the air without any reasoning behind the figure.

[BEVUP]

19 minutes ago, baansgr said:

A lawyer in the countries you quoted would give a complete breakdown and itemised bill for their services

& not tell you that the Secretary doing most my notes and conveyancing shall be on my rate of pay as well.

[dddave]

A friend in a northern Province bought some land with his GF.  He was acquainted with a  Thai lawyer who was an assistant public prosecutor and who lived in the same housing estate.  He asked this lawyer for a referral to a competent lawyer to handle the details of the sale.  The lawyer said, "No Problem", he's be happy to take care of it for him at no charge, just the fees. 

He did as he said he would and presented my friend with the completed documents.

Fortunately, my friend was assisting in the care of an older American who was ill and housebound.  This man's wife had been an English-Thai translator for several UN agencies for many years.  He asked her to review the land documents just to make sure there were no inaccuracies:...Good thing he did.

The lawyer "friend" had given himself all survivor rights to the property and had inserted wording that would have given him standing to make other claims on the estate, all of which made my friend much more valuable dead than alive; at least to this slimeball attorney.  When confronted, he indignantly maintained he'd done nothing wrong or unethical.

Clearing the situation up and negating these fraudulent documents cost my friend a lot of time, aggravation and money.

 

The moral of this is NEVER trust 100% and ALWAYS get a qualified independent legal translator  to review any legal  documents concerning the ownership of real estate and other valuable property.

[Pattaya46]

15 hours ago, nickcar said:

FET is not needed if the owner you inherited from was a farang and used the FET to buy it. 

False 

 

15 hours ago, Delight said:

 FET is required if you are buying or inheriting and intend to keep the inherited condo.

True

 

15 hours ago, Delight said:

FET is not required if you sell the inherited condo within 12 months of acquisition i.e post probate

https://www.samuiforsale.com/real-estate/condo-inheritance.html

True

[nickcar]

6 hours ago, Pattaya46 said:

False 

 

True

 

True

 

[ChiangMaiLightning2143]

A Farang cannot just will you a condo.
Even in the case when a foreign man dies and leaves his condo to his farang wife, within one years she must transfer in from abroad the amount equal to the current value of the Condo a buy it from the dead mans estate. There are no shorcuts this is Thai law. The Land office will not transfer ownership othereise the Condo must be sold within year.




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[Delight]

6 hours ago, ChiangMaiLightning2143 said:

A Farang cannot just will you a condo.
Even in the case when a foreign man dies and leaves his condo to his farang wife, within one years she must transfer in from abroad the amount equal to the current value of the Condo a buy it from the dead mans estate. There are no shorcuts this is Thai law. The Land office will not transfer ownership othereise the Condo must be sold within year.
 

 You are not quite right.

A widow does not have to ‘buy’ her foreign husband’s condo.

 The one that he bequeathed to her.

She will have to buy it if the husband was a Thai and the 49% foreign allocation is used up.In such circumstances she is un qualified.

In the regular way i.e condo is  in the 49%-she will have to obtain a FET and pay transfer fees. The FET money stays with her.

The FET qualifies her.

In practice  I suspect that inheritance Foreigner to Foreigner is a non starter.

In general foreigner  beneficiaries do not have the necessary  sums  to hand.

In practice they will be sold within the stipulated 12 month period.

 

Tough on foreign widows.

Careful earlier planning could have prevented this difficulty (maybe)

 

I suspect that in the main condos will be inherited by Thais. Not too difficult

That is what the government wants !

Edited July 3, 2018 by Delight
grammar

[ChiangMaiLightning2143]

 You are not quite right.
A widow does not have to ‘buy’ her foreign husband’s condo.
 The one that he bequeathed to her.
She will have to buy it if the husband was a Thai and the 49% foreign allocation is used up.In such circumstances she is un qualified.
In the regular way i.e condo is  in the 49%-she will have to obtain a FET and pay transfer fees. The FET money stays with her.
The FET qualifies her.
In practice  I suspect that inheritance Foreigner to Foreigner is a non starter.
In general foreigner  beneficiaries do not have the necessary  sums  to hand.
In practice they will be sold within the stipulated 12 month period.
 
Tough on foreign widows.
Careful earlier planning could have prevented this difficulty (maybe)
 
I suspect that in the main condos will be inherited by Thais. Not too difficult
That is what the government wants !

When Sam Smith croaks and Suzy Smith wants to stay in the condo not sure you are right(from what I have been told about the muang Chiang Mailand office ) but you could be correct in this country where each office makes up their own "rules"

How would the land office find out anyway, until she wants to sell later? Now she would be guilty of some offense. All could be avoided of course with joint-ownership.

You are right about it most reverting to Thai ownership. I think in reality many condos end up abandoned. I know one guy was living for free in Pattaya the owner was a friend he gave up and just handed him the keys, impossible to sell. My building is mostly Thai owned but had a bunch of problem rooms finally got dealt with after years. Don't start even with derelict vehicles what can't be towed because "not know who car it is" like some influential person would actually care about an ancient Toyota that has not moved in years!

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[Delight]

1 hour ago, ChiangMaiLightning2143 said:

My building is mostly Thai owned

 

 That statement is the root cause of the problems that you describe.

The condos can only  be given away.

 Farang die outside Thailand and leave no  Thai wills.

The JPM should fix  it.

Very sad to hear about this acute level of bad management

 

 

 

[ChiangMaiLightning2143]

 That statement is the root cause of the problems that you describe.

The condos can only  be given away.

 Farang die outside Thailand and leave no  Thai wills.

The JPM should fix  it.

Very sad to hear about this acute level of bad management

 

 

 

Actually many sales lately. The derelict units were bought by an investor fixed up and sold. Like pulling teeth with Thai owners but finally agreed to common area fee increase. Maintenanc

e also going well overall I'd reckon it is s good managememt for CM.

 

 

 

 

 

[Delight]

One thought that occurs to me, with regards to the OP, is as follows

 

Do not apply for probate.

 

Just live in the condo or rent it out

 

Ensure that the maintenance fees are paid promptly.

That will keep the JPM happy.

The land office will not know about the death/will.

Of course you will not be able to sell it or bequeth it.

 You will also not require a FET