KittenKong Posted November 26, 2018 Share Posted November 26, 2018 8 hours ago, BadSpottedDog said: Yes, But the tenants don't pay rent. My friend let them live there for free. They only pay a handful of the bills, and keep the house in good condition Ah, that makes it a little tricky. Did he leave instructions about how long that arrangement should continue after his death? If so, the executor should obey those instructions. If not then the executor should act in the interests of the inheritors, which would probably involve the tenants leaving as you mentioned. Unless perhaps they have acquired some sort of rights by living there without paying rent. A US lawyer should know about that. It all sounds a bit of a minefield, but I do admire your friend's generosity if not his planning. Link to comment Share on other sites More sharing options...
MyFriend You Posted November 27, 2018 Share Posted November 27, 2018 On 11/26/2018 at 3:23 PM, willi2006 said: It might be technically possible to manage the bank account of a deceased person with an ATM card or online. But it is illegal in Thailand and I think in other countries too. The executor has to take the will to the court and get approval, no lawyer required. After that he can execute the last will. At the Thai courts are lawyers who give some advice for free. ATM card or online. But it is illegal in Thailand Funny this is exactly what the Bank manager suggested I do so my family can get access to my Thai bank Account - he said Wills are good for the courts, but not the Banks, she couldn't be a joint holder since she doesn't qualify for a bank account, she is not Thai and doesn't live here full time...........even made me a second Debit card and I placed the password on it..........they do not expire. Just saying Link to comment Share on other sites More sharing options...
Jip99 Posted November 27, 2018 Share Posted November 27, 2018 14 minutes ago, TunnelRat69 said: ATM card or online. But it is illegal in Thailand Funny this is exactly what the Bank manager suggested I do so my family can get access to my Thai bank Account - he said Wills are good for the courts, but not the Banks, she couldn't be a joint holder since she doesn't qualify for a bank account, she is not Thai and doesn't live here full time...........even made me a second Debit card and I placed the password on it..........they do not expire. Just saying It is illegal everywhere in the world. ...but a practical solution nonetheless. Link to comment Share on other sites More sharing options...
MyFriend You Posted November 27, 2018 Share Posted November 27, 2018 On 11/26/2018 at 7:13 PM, KittenKong said: Ah, that makes it a little tricky. Did he leave instructions about how long that arrangement should continue after his death? If so, the executor should obey those instructions. If not then the executor should act in the interests of the inheritors, which would probably involve the tenants leaving as you mentioned. Unless perhaps they have acquired some sort of rights by living there without paying rent. A US lawyer should know about that. It all sounds a bit of a minefield, but I do admire your friend's generosity if not his planning. I see squatters rights in their (the US tenants) future............especially in California and Washington State. Some people fenced off a piece of my Brother in-laws property in Northern California and built an outhouse on it, erected a very large Tent and he couldn't legally kick them off, because his property was not fenced - about 41 acres of it (about 17 hectares) they fenced off about 2 acres and the courts awarded it to them because they improved on the abandoned property. Had my BIL just strung a single wire around it, it would have been safe from squatters. 1 Link to comment Share on other sites More sharing options...
essox essox Posted November 29, 2018 Share Posted November 29, 2018 surely YOUR embassy should advise on this....thats why EMBASSIES are in every country ....TO HELP!! Link to comment Share on other sites More sharing options...
Dick Crank Posted November 29, 2018 Share Posted November 29, 2018 (edited) Often people with these types of questions feel like they are entitled to some of the money or assets for their trouble the deceased has wills, give to the executor as instructed and be done with it Edited November 29, 2018 by Dick Crank Link to comment Share on other sites More sharing options...
FritsSikkink Posted November 29, 2018 Share Posted November 29, 2018 9 hours ago, essox essox said: surely YOUR embassy should advise on this....thats why EMBASSIES are in every country ....TO HELP!! No they refer you to a lawyer. 1 Link to comment Share on other sites More sharing options...
lungbing Posted November 29, 2018 Share Posted November 29, 2018 11 hours ago, essox essox said: surely YOUR embassy should advise on this....thats why EMBASSIES are in every country ....TO HELP!! You're new here, aren't you. 1 1 Link to comment Share on other sites More sharing options...
richard_smith237 Posted November 29, 2018 Share Posted November 29, 2018 11 hours ago, essox essox said: surely YOUR embassy should advise on this....thats why EMBASSIES are in every country ....TO HELP!! No.. Not at all... It always amazes me how people think that the Embassies' are there as a level of protection for its citizens... Embassies exist primarily to secure trade and business interests between nations... a bit of security and a little civil service. We has citizens in a foreign country far lower on the priority of any mission that many care to accept. The only advice you will be given is referral to a list of Lawyers who can advice - Embassies are not experts in such matters and not about to be held accountable for poor advice or miss-advice. It is for this very reason they have dropped their 'affirmation of income' service, as they have efficient way of checking peoples income and are thus unable to truly affirm income thus placing themselves at risk of affirming false information.... 1 Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 On 11/27/2018 at 8:16 PM, TunnelRat69 said: ATM card or online. But it is illegal in Thailand Funny this is exactly what the Bank manager suggested I do so my family can get access to my Thai bank Account - he said Wills are good for the courts, but not the Banks, she couldn't be a joint holder since she doesn't qualify for a bank account, she is not Thai and doesn't live here full time...........even made me a second Debit card and I placed the password on it..........they do not expire. Just saying WOW! That's crazy! Actually, I do live in Thailand full time and have been for more than 3 years. I have my own bank account here ... on a retirement visa ???? Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 On 11/29/2018 at 7:40 AM, essox essox said: surely YOUR embassy should advise on this....thats why EMBASSIES are in every country ....TO HELP!! I have spoken to them. They said I should talk to an attorney, realtor and accountant. ???? They were very nice, but not much help. Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 23 hours ago, Dick Crank said: Often people with these types of questions feel like they are entitled to some of the money or assets for their trouble the deceased has wills, give to the executor as instructed and be done with it That is probably true. However, I do not feel entitled to any of it. I just really really really do not want the US govt and lawyers to take it. My deceased friend would have a conniption. Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 On 11/26/2018 at 8:51 AM, dotpoom said: My only contribution to this post is that your friend who passed away ( and the Thai family) was pretty blessed to have such a good friend as yourself. You are maybe that "One in a million"...God Bless you... That is a very sweet thing to say. Thank you ❤️ Link to comment Share on other sites More sharing options...
Dick Crank Posted November 30, 2018 Share Posted November 30, 2018 21 minutes ago, BadSpottedDog said: That is probably true. However, I do not feel entitled to any of it. I just really really really do not want the US govt and lawyers to take it. My deceased friend would have a conniption. Not up to you, they left it to the executor to decide what to do no matter how you think it will work out. you can't challenge someone's will just because you have access to financial accounts. Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 17 minutes ago, Dick Crank said: Not up to you, they left it to the executor to decide what to do no matter how you think it will work out. you can't challenge someone's will just because you have access to financial accounts. I realize that, and I would never even think of challenging the will. The Thai heir was named executor too. He does not want to nor knows how to do any of this. He is completely intimidated and lost. That is why I'm helping. Of course, at any time he doesn't want my help .. that's fine too. I'm just trying to retain the house until the process plays out. Link to comment Share on other sites More sharing options...
BadSpottedDog Posted November 30, 2018 Author Share Posted November 30, 2018 On 11/26/2018 at 7:13 PM, KittenKong said: Ah, that makes it a little tricky. Did he leave instructions about how long that arrangement should continue after his death? If so, the executor should obey those instructions. If not then the executor should act in the interests of the inheritors, which would probably involve the tenants leaving as you mentioned. Unless perhaps they have acquired some sort of rights by living there without paying rent. A US lawyer should know about that. It all sounds a bit of a minefield, but I do admire your friend's generosity if not his planning. In answer to your question .. no. The deceased did not leave instructions for the house aside from the heir getting any and all proceeds. Here is where it gets really tricky. The Thai will "trumps" the USA will (I have discovered). This leaves the Thai heir as executor as well ???? . He has no idea what to do, and does not want to do anything. He is uneducated and speaks very little English. I don't even think he understands or can comprehend large sums of money. He cannot understand why the deceased's automatic payments aren't coming to him .. so he keeps calling me. I've told him that since the death was reported, the bank account is frozen ... but still doesn't get it. I've tried 2 translators to convey what is going on, how much money there is, and all about the house. He still does not understand .. and is not doing anything. In the meantime, there are taxes and insurance due for the house in the USA. At this point, my hands are completely tied. The heir/executor lives very far from me, in the country, so I have not been able to get the 20 certified copies of the death certificate or the Thai will from him. I'm afraid this is a lost cause. The US lawyer, me, the house and tenants are all in a holding pattern. It's really sad .. but it is what it is. Link to comment Share on other sites More sharing options...
KittenKong Posted December 1, 2018 Share Posted December 1, 2018 That all sounds like a great shame but short of getting in your car and making that long trip to see the inheritor in person, and taking some Thai interpreter with you, I dont see what more you can do. I think you just have to let them get on with it. I suspect that at some point either US lawyers fees and unpaid bills will eat up the value of the estate, or some Thai will steal the money from the Thai inheritor, or both. Probably happens quite a lot. 1 Link to comment Share on other sites More sharing options...
NancyL Posted December 1, 2018 Share Posted December 1, 2018 I've discovered that just taking a "regular" Thai person who speaks/understands English with you to act as an interpreter often is not sufficient when discussing topics like wills, estates, banking, etc. After all, how many "regular" English speaking people can talk about these topics properly. Same with a "regular" Thai person. The correct person to act as an interpreter in this type of conversation is a Thai lawyer or at least a paralegal who knows about these topics and has a full grasp of the gravity of the situation. 1 Link to comment Share on other sites More sharing options...
KittenKong Posted December 1, 2018 Share Posted December 1, 2018 38 minutes ago, NancyL said: I've discovered that just taking a "regular" Thai person who speaks/understands English with you to act as an interpreter often is not sufficient when discussing topics like wills, estates, banking, etc. After all, how many "regular" English speaking people can talk about these topics properly. Same with a "regular" Thai person. The correct person to act as an interpreter in this type of conversation is a Thai lawyer or at least a paralegal who knows about these topics and has a full grasp of the gravity of the situation. I agree. But I would be very worried about what that lawyer (or similar) might do when my back was turned. 1 Link to comment Share on other sites More sharing options...
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