If a single Mother Dies, Can Her Minor Child inherit Her House?

[BritManToo]

2 minutes ago, Odin Norway said:

So that means its no age limit for owning land on paper?

None, but children can't have debt (so no outstanding loans).

[Odin Norway]

2 minutes ago, BritManToo said:

None, but children can't have debt (so no outstanding loans).

Thanks.

[Cricky]

3 hours ago, VYCM said:

4 hours ago, PoorSucker said:

Marry her and the you will be the legal father, she needs that both mother and child.

Married or not, to be legal father you must go to court.

 

3 hours ago, VYCM said:

Married or not, to be legal father you must go to court.

She's 9 years old, it can then be made at the Amphur.

________________________________________________________________________________

 

I was correcting your initial statement, I didn't realise we would get into specifics.

 

I have teenage kids and when they were infants I had to go to court, anyway thanks for the update.

 

Edited December 18, 2018 by VYCM

[khunPer]

1 hour ago, Odin Norway said:

To get half custody of a kid with the mother's consent is easy. Done in 2 months if the lawyer is up for the job. Papers can be signed and the mother doesn't even need to be in court. Land cannot be in a minors name, under the age of 16 without a guardian. At least that's how it is in Sakon Nakhon.

Depending of the age of the child, if 7 years or older, it a simple case at the amphor office – same as issuing ID-cards – and done instantly. The child, the mother and the father need to be present; the child confirms that mom and dad are parents. Check in advance what documentation and copies are needed (birth certificate, house book, ID-card(s), passport). I've done it, it's very easy.

 

4 hours ago, Mulambana said:

Can she go to the land office and include my daughter in the Chanote as a join owner right now?

Normally with joint ownership, for example bank accounts, all property will go to the other owner. I'm however not sure if that's also the case with land.

 

19 hours ago, Mulambana said:

Can a lawyer write a will and how the will is  enforced?

Anyone can write a will, it need testator's signature and two witnesses. Signing it at the amphor office (you might need to bring witness yourself), you can keep the will on file there, or take it home. A handwritten will with signatures is a fully valid will, and can be written in very simple language, just it's clear what testator decided.

 

According to "Thai Law for Foreigners" (ISBN 978-1-887521-57-4), page 78-79, there are five types of last will:

1. A Handwritten Will by testator, with date and signature (or optional fingerprint), the handwriting serves to authenticate the will, so witnesses are not necessary, but recommended.
2. A Regular Will that can be handwritten or typed, dated and signed by testator in presence of two witnesses.
3. A Civil Document Will from the amphor, signed there in presence of two witnesses (you bring). The government official will record and verify the will (read it back to testator), and stamp it. It can be brought home, or left for file in the office.
4. A Secret Will handwritten by testator, or someone else, but must held testator's signature. The will has to be sealed in an envelope with testator's signature. Testator must take the will to the amphor together with two witnesses; further procedure as with a Civil Document Will (but not reading the will).
5. In special cases An Oral Will, which is allowed in circumstances where other form of wills cannot be made. Testator must declare the intent in presence of two witnesses, and thereafter the witnesses must appear as soon as possible at the amphor office, and relay testator's statement.

 

If no Will, and if not married, but with child/children and parents, child/children will receive 50%, and parents 50% (page 80).

 

Any in heritage will need to be brought to Court, last will or not, and an executor shall be appointed. Testator can assign an executor in the last will, otherwise the court will assign one (page 81).

 

Hope these information can help.

[khunPer]

32 minutes ago, Odin Norway said:

So that means its no age limit for owning land on paper?

The 7-year limit if for legalizing a father in the amphor office, without bringing it to Court.

 

A minor can own land (and shares), but normally need a guardian.

????

[baansgr]

10 hours ago, scorecard said:

 

Also, as mentioned by britmantoo another option is to go to the Lands Titles office now and transfer the ownership of the property to the child now. Very simple, not expensive and peace of mind for the mother and you.

 

Another point, how old is the child? Perhaps she's old enough to have a Thai ID card, worth considering that this also be done now rather than later, may be less complicated.

 

 

Also while you are here arrange for her US citizenship as becomes complicated without her Mother 

[Just Weird]

22 hours ago, Odin Norway said:

Why pay a lot of money for a lawyer when they in some cases have no clue either. If we all knew it all like you. There wouldn't be much of a forum, would it? Most of us that do try to help have actually been through this cases, and do not only think.

So you really think that the best legal advice will come from 100% unqualified anonymous forum members?  Good luck with that. 

 

By the way, I didn't say that I knew it all, I was just giving the OP, not you, some good advice.

[BritManToo]

3 minutes ago, Just Weird said:

So you really think that the best legal advice will come from 100% unqualified anonymous forum members? 

I seem to know more about Thai law than many qualified Thai lawyers.

It's probably got something to do with, "If you can pay the course fees, you've passed"

Or it might have something to do with "Thai rak Thai".

 

But hey, you feel free to pay 'qualified' idiots if you want, it's your money.

Edited December 19, 2018 by BritManToo

[oldrunner]

There are several American/Thai lawyers in Bangkok, totally honest and reliable Reeve Hankins is one, cant put my hand on firms name as papers are all in my Pattaya home while I'm in Ayutthaya.