When a parent dies and leave kids

[HomeinThailand]

Hello all.  My brother in law's wife was killed not so long ago in northern Thailand.  They have two wonderful children, a boy and girl.  Several questions have arisen based on actions of her family over the kids and property.  When a parent dies, doesn't the surviving parent retain custody of the children?  Is this automatic?  The father works in Phuket and has a condo and home.  Can the family of the deceased lay claim to the kids and property?  Perhaps a recommendation of a good lawyer?  The plan is, and currently happening, for the kids to stay with my sister in law in Bangkok.  She has the space in her home as my wife and I only have a 1 bedroom condo.  Any and all info will be appreciated.  

[Kwasaki]

15 hours ago, HomeinThailand said:

My brother in law's wife was killed

The father works in Phuket

Can the family of the deceased lay claim to the kids and property? 

A bit confused, I take it the brother in law is not the father.

 

A claim of the land would depend on who owed it in the first place.

 

 

[Preacher]

If they were legally married at the amphur the father has shared custody with the mother and upon the death of the mother automatically has sole custody of the parents. Wich means that he now alone makes the decisions regarding the children, including where they live, go to school etc. No one else has a say in this.

 

The estate of the deceased is a diffirent thing and would firstly be decided by a will. If no will is present than the law is present and a judge will ultimately decide. Both spouse and children will have a right to the inheritence. 

[offset]

If I have sole custody of my son who will get custordy over him when I die, can I make provisions in a will to give sole custody to somebody other than his mother somebody that as been helping me look after him for a long time

 

[SAFETY FIRST]

2 hours ago, Preacher said:

Both spouse and children will have a right to the inheritence. 

Ok, he is the spouse but, if they were not married I have read the deceased mother and children split the inheritance if no will existed?

[SAFETY FIRST]

20 hours ago, Preacher said:

If no will is present than the law is present and a judge will ultimately decide. Both spouse and children will have a right to the inheritence. 

I disagree, I have read that the children and grandmother share the inheritance.

 

The spouse (not married) gets nothing.

[BritManToo]

If married, he and the kids inherit 50/50.

If not married, her parents and the kids inherit 50/50, parents get custody.

 

So answer depends on OP understanding marriage is a legal term and not a status derived from monks or cohabitation.

[Preacher]

20 hours ago, offset said:

If I have sole custody of my son who will get custordy over him when I die, can I make provisions in a will to give sole custody to somebody other than his mother somebody that as been helping me look after him for a long time

 

Normally the other parent will get custody. But if you make a will and declare that another person should get sole custody the judge will take that into account and probably award that person custody over the child. (The cicumstances always mather in these cases, so no definite answer). 

[Preacher]

1 hour ago, SAFETY FIRST said:

I disagree, I have read that the children and grandmother share the inheritance.

 

The spouse (not married) gets nothing.

I didn't meant to say that only the children and legal spouse have right to the inheritence. Others could have a right to part of it too.

[Rc2702]

Can a farang purchase a property on behalf of a child who is a Thai national? Child is very young.

[Preacher]

You can give land to a Thai national, no matter what their age. In case of a minor the land must be debt free, so you cannot finance it with the piece of land as collateral.

Also the legal guardian(s) of the child cannot sell the land without approval of the court, which will make sure the sale is in the best interests of the child.