If your Thai wife dies, how do you protect yourself from her family...

[dotpoom]

"failing all that,  pack a big bag and leave the country, quickly. "

    Why!....in fear of what?...if according to some the family will already have taken everything. Would it not be easier to carry on living here ..rather than returning home where it is probably much colder and more expensive?

[otherstuff1957]

My wife has already made plans if she predeceases me:

 

1.  Cremate her.

2.  Marry her niece (late 30s, divorced, no kids, easygoing & not bad looking)

3.  Carry on as before.

[colinneil]

7 minutes ago, otherstuff1957 said:

My wife has already made plans if she predeceases me:

 

1.  Cremate her.

2.  Marry her niece (late 30s, divorced, no kids, easygoing & not bad looking)

3.  Carry on as before.

Only 1 question regarding the niece, have you already tested her out, see if she is up to your standards.

[Spidey]

17 minutes ago, otherstuff1957 said:

My wife has already made plans if she predeceases me:

 

1.  Cremate her.

2.  Marry her niece (late 30s, divorced, no kids, easygoing & not bad looking)

3.  Carry on as before.

My wife and I had the same conversation recently. She suggested her cousin, mid 30s, one kid, divorced.

 

I reassured her that she needn't worry as I always have a contingency plan and have taken the precaution of lining 3 women up myself. Didn't go down too well.

[ballpoint]

This thread once again highlights just how insecure so many are here, and the blind stupidity of projecting your own failings onto others.  If you have concerns about your future should your partner pass away then I'd suggest you need to get off your arse and make proper plans now.  And if that means you would have to trust that partner more than you do now, then you need to be looking at why you are with that person in the first place.

[KKr]

19 hours ago, Mulambana said:

When my GF was diagnosed with bone marrow cancer, she told me that her family was waiting like vultures to take her house and car. I don't stay with her so I don't have any problem with that but I wanted my minor daughter to inherit her property (house, furniture, appliances, air con, gold and car) and we did a will at the amphoe indicating that only my minor daughter will inherit her mom's property (house, furniture, appliances, air-con, gold and car) after her death. Her family will inherit only her TV. She responded to medications and doing very well now.

glad to hear that the ordeal is likely to end well, may you three have a long and happy life together.

[KKr]

49 minutes ago, otherstuff1957 said:

My wife has already made plans if she predeceases me:

 

1.  Cremate her.

2.  Marry her niece (late 30s, divorced, no kids, easygoing & not bad looking)

3.  Carry on as before.

good idea, and I'd probably agree with the majority of proposals being point one, and point three.

however, voicing that would earn me a "me no funny" and one of those looks .... 
 

[kensisaket]

I'm sure a large majority of us are in the same boat.  Stealing seems to be second nature here; and, money just amplifies that.  Turning houses into a pile of rubble is a realistic option as far as I am concerned.   

[PerkinsCuthbert]

12-bore

[scorecard]

7 hours ago, Tanoshi said:

Civil and Commercial Code.

http://library.siam-legal.com/thai-law/civil-and-commercial-code-statutory-heirs-section-1635-1638/

 

Section 1635. Surviving Spouse

The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:

if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;

That's part of the law, but there's more any you should mention it, to give the whole picture a quite incorrect understanding. 

[Longcut]

20 hours ago, Almer said:

This will make a few think

Tell them you will put a bounty on their heads if they try and mess with you.????

[Morch]

24 minutes ago, scorecard said:

That's part of the law, but there's more any you should mention it, to give the whole picture a quite incorrect understanding. 

 

Goes back to the same thing - getting a good lawyer and legal advice.

[greenmonkey]

If there is no will in place I believe the inheritance will be split equally between the widow, the children (of the deceased) and the parents (of the deceased).

 

A few years ago my wifes father died and because he had no will - the money that was to be inherited was split equally between my wife, her sister, her mother and her dads mother. Now because my wifes mother is not so well off my wife and her sister handed their share over to her. And my wife fully expected her grandmother (dads mum) to do the same honourable thing (especially as she was a lady in her 80's with loads of cash and loads of gold with nothing to spend it on). WRONG! She sent her daughter round to inspect the paperwork and make sure that she got her entire share of the proceeds! Quite unbelievable but yet not so unexpected.

 

When it comes to money you just don't know how anyone will behave.... especially here in teh LOS!!!

[GalaxyMan]

20 hours ago, Pilotman said:

Surely you marry the woman, not her family. It's not her fault if they are vultures.  

The sins of the father and all that crap...

[Just Weird]

21 hours ago, Sheryl said:

The home and land issue I understand, since they can't be in your name.

The home (house) can be in a foreigners name!

[connda]

"If your Thai wife dies, how do you protect yourself from her family..."

With a very detailed Last Will and Testament, with pre-planning that includes letting everyone in the family know what they are entitled to and what they are not entitled to, and then having a lawyer that you know who will represent you in probate court and who will be available to speak directly to family members informing them of what they are entitled to and what they are not entitled to.  Other than that you lock the gates and doors to your residence if the family attempts to barge in.  Make sure your Will is written in Thai, call the police if needed, and have them intervene with family members attempting to steal your stuff and if needed have your lawyer speak to the police.  If that doesn't work, make sure you have your own security available.  Again - it takes pre-planning. 

[scorecard]

41 minutes ago, Just Weird said:

The home (house) can be in a foreigners name!

This is true, by Thai law foreigners cannot own land but the house can be owned by a foreigner. The key to this is:

 

- The contract to build and all attached / all other documents show a

   transaction between the foreigner and the builder(s).

 

- All payments etc., are documented to show that they came from the foreigner.

 

[scorecard]

1 hour ago, scorecard said:

That's part of the law, but there's more any you should mention it, to give the whole picture a quite incorrect understanding. 

Correction, should be:

 

That's part of the law, but there's more and you should mention it to give the whole picture and therefore a comprehensive understanding.

 

Apologies.

[khunPer]

22 hours ago, doggie1955 said:

So how do you protect yourself, what do you need to do?

Your wife makes a Last Will; and so should you, actually make two, one for assets in Thailand, and another for assets in your home country.

 

If there is no Last Will the spouse – i.e. you, if its a registered marriage – will receive 50%, and children 50%. If there are no children or grand children, but parents, then the parents will receive 50%.

 

If there is a Last Will that order can be changed, however even all property goes to the foreign husband, he cannot own land, and will have a 12-month window to sell it.

????

[snowgard]

22 hours ago, Pilotman said:

Make sure that she has a legally  drawn will is the first step in protecting yourself, then life insurance with you as the beneficiary,  failing all that,  pack a big bag and leave the country, quickly. 

Who tell you this nonsens? If your wife die, her belongins goes to you (and her kids, if she had). Nothing other!!!

Land & house, if bought in the marriage time (50% is yours), gone to you and her kids (if she not written her will), but you must sale it because you can't own land.

[Tchooptip]

21 hours ago, AGareth2 said:

Thai culture says otherwise

Of course! Like 1+1=2

[kannot]

22 hours ago, colinneil said:

Simon ole lad, why make that comment?

My wife is a fantastic, loving, caring, honest lady.

Now her family are the complete opposite, they steal, con, lie every single day.

My wife dies i am totally knackered, i have thought about this a few times, time for me to pop a pile of pills and join her.

shoot em  all dead  first then pop  the  pills  I mean you may as  well do a good job

[bander]

23 hours ago, lopburi3 said:

Better your family relations now.

When it comes to money family relations don't count in Thailand.

[musiclover]

10 hours ago, Tanoshi said:

Civil and Commercial Code.

http://library.siam-legal.com/thai-law/civil-and-commercial-code-statutory-heirs-section-1635-1638/

 

Section 1635. Surviving Spouse

The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:

if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;

 You are only quoting one part of the inheritance law !  You are wrong!

 

 In the case of there being no will, the spouse will be entitled to 50% immediately. The remaining 50% will be divided between the spouse and the statutetary  heirs

 

 I am always amazed that people will post incorrect information without actually checking the complete facts.

 

 

 If you are not sure 100% of the correct facts,  please do not post your opinions, because that’s all they are !

 

 Having experienced exactly the situation, I can hear you what I am posting is 100% correct. 

 

 It seems, (happily for you), that you have not experienced the real situation, and are just quoting from law books ....and that only in part.    Not an appropriate thing to do about such a serious subject. 

[maprao]

If you have Thai children from a previous  marriage they will join the vultures. If you have a child with her from your current marriage this can be used to protect your interests. Also make a will.

[NoshowJones]

23 hours ago, Mulambana said:

When my GF was diagnosed with bone marrow cancer, she told me that her family was waiting like vultures to take her house and car. I don't stay with her so I don't have any problem with that but I wanted my minor daughter to inherit her property (house, furniture, appliances, air con, gold and car) and we did a will at the amphoe indicating that only my minor daughter will inherit her mom's property (house, furniture, appliances, air-con, gold and car) after her death. Her family will inherit only her TV. She responded to medications and doing very well now.

Glad to hear that, hope she fully recovers.

[NoshowJones]

23 hours ago, Pilotman said:

Surely you marry the woman, not her family. It's not her fault if they are vultures.  

I did due diligence on her and her family before we moved in together, everything was fine, we married after five years, been together now thirteen years, and I have never regretted it.

[NoshowJones]

23 hours ago, ravip said:

You seems to be an exception! Good luck to you and I wish you all the very best. With your pattern of thinking, you will be very happy in Thailand!

A lot has to do with how you treat her, if you are going to always have a can of beer by your side, then

you cannot expect any respect for her, then again, if you drink moderately, and don't get drunk, the chances

are you will get her respect.

[Tanoshi]

50 minutes ago, musiclover said:

 You are only quoting one part of the inheritance law !  You are wrong!

 

 In the case of there being no will, the spouse will be entitled to 50% immediately. The remaining 50% will be divided between the spouse and the statutetary  heirs

 

 I am always amazed that people will post incorrect information without actually checking the complete facts.

 

 

 If you are not sure 100% of the correct facts,  please do not post your opinions, because that’s all they are !

 

 Having experienced exactly the situation, I can hear you what I am posting is 100% correct. 

 

 It seems, (happily for you), that you have not experienced the real situation, and are just quoting from law books ....and that only in part.    Not an appropriate thing to do about such a serious subject. 

Did you have a child?

Were her parents still alive?

 

If the other 50% was divided between all the heirs, somebody turned you over.

 

[NoshowJones]

18 hours ago, Skallywag said:

So you really believe that an attorney from USA will be able to communicate with a Thai attorney and all the living wills and power of attorney documents will be "recognized" or adjudicated or whatever the term is when something happens in Thailand?  In Thailand I just dont see that happening unless it is beneficial to the thai family .  (meaning not us foreigners).

 

Where do you "register" documents under international law?  

Thailand don't believe in anything under international law, just look at how bad they treat

prisoners in some jails.