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

[Just Weird]

2 hours ago, scorecard said:

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.

 

"This is true, by Thai law foreigners cannot own land but the house can be owned by a foreigner".

I know, that's why I posted it.

[murraynz]

23 hours ago, Pilotman said:

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

i know thai people are obscessed with money, but i didnt realise that they would act like vultures, in case of a death..how utterly disgusting.....best to move where they cant find you...or better still, DONT  get married..

what does that achieve??

[Pilotman]

1 hour ago, snowgard said:

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.

whatever dude, believe what you like if it makes you feel better. 

[Pilotman]

40 minutes ago, possum1931 said:

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.

21 years for me.  her family are a delight. 

[Odysseus123]

20 hours ago, grifbel said:

You are a fool if you went all in without thinking of the consequences.

Well..yes..you are well and truly stuffed...

 

Tho' it never seems to stop the next fool lining up at the door in the darkeness..

 

Stand up!

Hook on !

Equipment check!

By the numbers!

Stand in the door!

Green light..go..go..go..!

[ChipButty]

Land mines around the house that should keep them away

[musiclover]

2 hours ago, khunPer said:

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.

????

Once again absolutely NOT true....the spouse ( you) will receive 50% and the remaining 50% will be divided between all relevant statutory heirs.  INCLUDING the spouse. ( you).  Thus the spouse will receive MORE then 50%!

 

again .........why post incorrect information ?????? Better say nothing....

[musiclover]

2 hours ago, snowgard said:

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.

More than 50% will belong to the spouse in this case.....50% plus division of other 50% between ALL heirs.  Including you.

[oldrunner]

Get a good lawyer, go to Amphur, protect child.

[musiclover]

1 hour ago, Tanoshi said:

Did you have a child?

Were her parents still alive?

 

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

 

What are you talking about? Your comments are not relevant at all

 

my post is 100% correct .....50% to spouse and the other 50% divided between legal heirs.....including the spouse 

it seems if you believe what you have written, you would be the one “turned over”

i wasnt!!!

[Orton Rd]

On 3/3/2019 at 1:50 PM, 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. 

I wonder how many wives have a will? mine refuses to as some belief you are more likely to die, sounds like an excuse of course. You need to know where all her financial stuff is first, get yourself a big dog and don't open the door.

[Odysseus123]

9 minutes ago, Orton Rd said:

I wonder how many wives have a will? mine refuses to as some belief you are more likely to die, sounds like an excuse of course. You need to know where all her financial stuff is first, get yourself a big dog and don't open the door.

Your wife refuses to have a will?

[expat1010]

Usufruct is alive and well. I have specific evidence, applied to a chanut about 1 year ago (not Pattaya) with no hesitation by the seniors at a lands title office.
 
Actually I wonder if the lands title staff (senior or junior) can, when a Thai or any person lodges the appropriate documents as a matter of course to record a usufruct on a land title, refuse. Seems to me they would be breaking the law and derelict in their duties.
 
It's not their call to apply their personal opinion on such things.
 
 
 
 

It depends on the type of title for the land I believe. From what I understand there are at least 5 different types of land titles in Thailand and only 3 of those can be leased. As all the other posters have indicated get a lawyer or even better buy a condo or rent.



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[scorecard]

1 hour ago, Pilotman said:

21 years for me.  her family are a delight. 

Me too, wonderful marriage, wife did her last years of HS and all her medical training in Australia, happy and productive marriage, my buddy in life, unfortunately passed away too early. Her Thai family just wondeful, always great conversations, always ready to help, always insisted they drive us to the airport etc etc. Never hinted at 1 Baht.

 

My only child from that marriage, a son, met a delightful girl at uni, they married and have 3 kids. Great communications happy marriage, kids have a great life, good education, well behaved. Her parents and 1 elder brother and 1 elder sister are vultures of the highest order, even ask son's eldest daughter, 14, to give them the small money she has in her public bank book (but don't tell your father).

 

At one time the older vulture brother came to son's house unannounced with an expenaive interior decorating / built-in furniture company, and announced that he and the decorating / furniture company were goint to totally redecorate sons 5 bed house, every room.

 

Son, with his wife, said stop stop stop we don't want a re-docoration (at that point in time the house had only completed 6 months).

 

Son's BIL now inisists the house is not beautiful and his friends laugh at the house (son's BIL is a full-on, loud, fat, middle aged ladyboy). Son asks 'who will pay for it', ladyboy says 'your father' (me) and only about 3 million.

 

Then ladyboy tells the decorating company person (another full-on loud ladyboy) 'don'tdamagethe existing furniture (+ curtains, all major kitchen electrical appliances and air-conditioners) when your bringing it tomy house'.

 

Son's wife bit the bullet and demanded they leave. Within an hour her parents (also vultues) called her and said 'why are you not fair to your brother?' She didn't speak to any of them for the next year, and rarely since.

 

[scorecard]

31 minutes ago, Orton Rd said:

I wonder how many wives have a will? mine refuses to as some belief you are more likely to die, sounds like an excuse of course. You need to know where all her financial stuff is first, get yourself a big dog and don't open the door.

I'm aware that some Thai folks believe making a will will bring bad luck.

[Pedrogaz]

As a legal husband you are entitled to 50% of the assets of your wife if she dies intestate. The other 50% is split between the family. The problem is that that they house will have to be sold. You need her to have a will spelling out that you get the house car and land, and a lease clause in the deeds of the house saying that you will be able to live there if she dies, until you die.

The family will be at the house plundering the moment they learn of her death, so change all the locks and get bars on the windows.

You can change the car into your name with the death and marriage certs.

[scorecard]

24 minutes ago, expat1010 said:

It depends on the type of title for the land I believe. From what I understand there are at least 5 different types of land titles in Thailand and only 3 of those can be leased. As all the other posters have indicated get a lawyer or even better buy a condo or rent.



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I'm also aware there are diferent types of land ownership documents, I was following the discussion regarding typical mainstram chanut.

[GreenerGrass]

On ‎3‎/‎3‎/‎2019 at 1:53 PM, lopburi3 said:

Better your family relations now.

Yes I think that's a good idea, however I think if a person leaves themselves vulnerable anywhere not just Thailand they will be taken advantage off! The OP appears to have put everything in his spouse's name,  home, land, car/truck, bank account, who does this? 

 

On ‎3‎/‎3‎/‎2019 at 1:53 PM, lopburi3 said:

Better your family relations now.

 

[billd766]

6 hours ago, kensisaket said:

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.   

Stealing is certainly NOT second nature to my Thai family and there is no way that they can get to our money.

 

If that is the feeling you have for your Thai family, why do you still live here?

[billd766]

2 hours ago, Pilotman said:

21 years for me.  her family are a delight. 

I have known my wife for 26 years this May and we have been married for 19 of them. I get on well with her family down in BKK and they come up to Nakhon Nowhere a couple of times a year for the space and the fresh air.

 

1 hour ago, Orton Rd said:

I wonder how many wives have a will? mine refuses to as some belief you are more likely to die, sounds like an excuse of course. You need to know where all her financial stuff is first, get yourself a big dog and don't open the door.

Both of us have a Thai will and it is copied in Thai and English.

[billd766]

53 minutes ago, Pedrogaz said:

As a legal husband you are entitled to 50% of the assets of your wife if she dies intestate. The other 50% is split between the family. The problem is that that they house will have to be sold. You need her to have a will spelling out that you get the house car and land, and a lease clause in the deeds of the house saying that you will be able to live there if she dies, until you die.

The family will be at the house plundering the moment they learn of her death, so change all the locks and get bars on the windows.

You can change the car into your name with the death and marriage certs.

Not in my family.

 

Perhaps in yours.

[Tanoshi]

2 hours ago, musiclover said:

What are you talking about? Your comments are not relevant at all

 

my post is 100% correct .....50% to spouse and the other 50% divided between legal heirs.....including the spouse 

it seems if you believe what you have written, you would be the one “turned over”

i wasnt!!!

The heirs are in ascending order as per the commercial codes.

You never answered the two questions.

 

I have two very close friends who suddenly lost their Thai wife's.

I supported them through the whole procedure.

No half brothers/sisters, grandparents, aunties or uncles got diddly squat.

[totally thaied up]

If my wife pops her Coggs before me, I will just take my bed, TV, stereo system and computer and move into a new condo. Hell, I might even move to another country but I will not marry again. To date, I have invested around 600K in my relationship with my wife and her house. Her brother is very hard working and parents need a place to live much more than I do. My bike and car are under my name, so I will just move on and start a new. I have lost nothing in my relationship. 600K is nothing.

 

No good for me to hold onto the past. Her lands are worth several million but who the hell will want to buy rice fields from me and her family need a house over there heads. I have more than enough now to see me out.

 

For me, it is very simple. Just move on with life. Frankly speaking, my wife's death would devastate me and it is something that I do not try to dwell on but she has sustained very bad motorbike injuries in the past and has health issues, so it is a possibility.  

[musiclover]

2 hours ago, Pedrogaz said:

As a legal husband you are entitled to 50% of the assets of your wife if she dies intestate. The other 50% is split between the family. The problem is that that they house will have to be sold. You need her to have a will spelling out that you get the house car and land, and a lease clause in the deeds of the house saying that you will be able to live there if she dies, until you die.

The family will be at the house plundering the moment they learn of her death, so change all the locks and get bars on the windows.

You can change the car into your name with the death and marriage certs.

Noooooooo... The other 50% will be split between YOU and the family, (that is only the relevant legal heirs!)

 

 Also, the house will not necessarily have to be sold. It can be transferred into another name or company name. 

 

 Unless the wife makes a will leaving everything to you, the husband, ( unlikely???) it is probably better for the spouse for the wife NOT to make a will, because the spouse will get an automatic 50% and an equal share over the other 50% if the wife dies intestate .

 

  Yet again, so much incorrect information on this thread. 

[musiclover]

55 minutes ago, Tanoshi said:

The heirs are in ascending order as per the commercial codes.

You never answered the two questions.

 

I have two very close friends who suddenly lost their Thai wife's.

I supported them through the whole procedure.

No half brothers/sisters, grandparents, aunties or uncles got diddly squat.

 Why would I need to answer 2 utterly  irrelevant questions? 

 Your first line is correct  but your last line makes no sense whatsoever 

 I suspect English is not your first language 

 It is very good of you to have supported your friends in their difficulties about losing their Wife

 But this does not meet your knowledge of the law any greater .... it is irrelevant 

 You have posted incorrect information 

 

[Tanoshi]

2 minutes ago, musiclover said:

Why would I need to answer 2 utterly  irrelevant questions? 

They are very relevant, because if you didn't have a child, and her parents were deceased, then you'd have shared with her brothers/sisters and if she had no brothers/sisters, you'd share it with half blood brothers/sisters, and if she had no ……… and so on and so on.

 

This was explained very clearly by an English speaking lawyer and the events and shares that subsequently took place were exactly as he stated and as laid down by the laws of testation.

[khunPer]

4 hours ago, musiclover said:

6 hours ago, khunPer said:

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.

????

Once again absolutely NOT true....the spouse ( you) will receive 50% and the remaining 50% will be divided between all relevant statutory heirs.  INCLUDING the spouse. ( you).  Thus the spouse will receive MORE then 50%!

 

again .........why post incorrect information ?????? Better say nothing....

Quoted from "Thai Law for Foreigners" written by two Thai lawyers, from the Chaptor "When There Is No Will Or No Valid Will", page 80:

Quote

If you are survived by your spouse and children, the spouse receives fifty percent and the children receive fifty percent of the assets divided equally between the children and grandchildren (if there no surviving children).

[ ... ]

If you are survived by your spouse and your parents, the spouse receives fifty percent of the assets and you parents receives fifty percent.

[ ... ]

If you are survived by your spouse and siblings of whole blood, the spouse receives fifty percent of the assets and the siblings receive fifty percent.

????

 

[UASCB500BIKER]

I I I Think we need tooo  have KID !!!!

[musiclover]

3 hours ago, Tanoshi said:

They are very relevant, because if you didn't have a child, and her parents were deceased, then you'd have shared with her brothers/sisters and if she had no brothers/sisters, you'd share it with half blood brothers/sisters, and if she had no ……… and so on and so on.

 

This was explained very clearly by an English speaking lawyer and the events and shares that subsequently took place were exactly as he stated and as laid down by the laws of testation.

You totally miss the point! It is not relevant because the issue is NOT WHO you share it with...but how much of the estate is shared.  That is your point I’m taking issue with and that is why your questions are not relevant at all 

You may well have it explained to you by any English speaking Thai lawyer but you have clearly misunderstood the way in which the  is divided.

[musiclover]

3 hours ago, khunPer said:

Quoted from "Thai Law for Foreigners" written by two Thai lawyers, from the Chaptor "When There Is No Will Or No Valid Will", page 80:

????

 

Unless the law has changed in the last 7 years (maybe it has) this is again NOT true and the 2 Thai lawyers are simply incorrect. 

Am I the only one here on TV who has actually been through this (horrible) process ?  It seems so!

 

Ive actually gone through this in real life...even going to probate court in BKK and I can assure the legal split/share is NOT as you say

 

I also became Executor of my wife’s estate and know exactly the legal processes involved because I’ve personally experienced them!

 

Either reread that book by 2 Thai lawyers or better still throw it away. They are not the lawyers I would use or recommend with that sort of misinformation!