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

[khunPer]

1 hour ago, musiclover said:

5 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!

The book I quote from was first published in 2008 (ISBN 978-1-887521-57-4), still available from for example Amazon.

 

I appreciate your explanation about experience; however, in a way I have more faith in documented material, like a book written by Thai lawyers, or a law firm's web-page, than an undocumented post in Thaivisa forum that states the documented material is incorrect and should be thrown away. A quick google-search confirm my quote from the book at this page from Thailand Law. The same is stated by Hawryluk Legal Advisors in Phuket.

 

But I have no personal experience from inheritance in Thailand.

[musiclover]

39 minutes ago, khunPer said:

The book I quote from was first published in 2008 (ISBN 978-1-887521-57-4), still available from for example Amazon.

 

I appreciate your explanation about experience; however, in a way I have more faith in documented material, like a book written by Thai lawyers, or a law firm's web-page, than an undocumented post in Thaivisa forum that states the documented material is incorrect and should be thrown away. A quick google-search confirm my quote from the book at this page from Thailand Law. The same is stated by Hawryluk Legal Advisors in Phuket.

 

But I have no personal experience from inheritance in Thailand.

Are you sure  you are not confusing the rights of the spouse and the rights of the statutary heirs?

 

 The spouse is also a statutory heir....... as well as having the rights of the spouse himself !

 

 This would mean in the case of two children the spouse would receive 50% as a spouse and 1/3 of the other 50% so making a total of receipt 66%.

 

This is exactly what occurred in my case. I received 66%.    Was I just lucky?

 

I can assure you that I’ve also read all the legal notes regarding the rights of the spouse ... though I cannot place them right now 

[UPDEHSOI]

On 3/3/2019 at 1:24 AM, 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.

SUPER!! Glad to hear it.

[hatewaitin]

On 3/3/2019 at 6:13 PM, 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.

Yes my wife is the best as well, her family cause me to pause often. They are always looking for an opportunity to have their hands in my wallet or my wife's purse. 

[The Man Who Sold the World]

Point of order concerning discussions of legal information - "semantics". Everybody likes to believe the law is “black and white”. Anybody with any real-life experience knows it is a variety of several shades of grey. In a court of law, judgements are rarely one-sided and typically are compromises. 

 

Here on TV Forum, you are discussing the interpretation of Thai Law – which, believe it or not, is written in the Thai language, advocated by Thai Attorneys and administered by Thai Judges. Can you “reasonably” assume anything translated and transliterated from Thai then written in the English language is a true representation of just how a Thai court of law is going to interpret and administer their laws?

 

And, on the note of Attorneys – they are highly trained, tested and licensed professionals who can advise you on the finer points of Thai law, but, they cannot "change" the laws to fit your desires and they cannot change how a Thai Court will interpret and administer the law. 

 

For your own protection – “lawyer up”. And do your “Due Diligence” when selecting your Attorney. There are many “un-licensed” folk out there “selling” legal advise. Validate your Attorneys License. 

[Skallywag]

8 hours ago, musiclover said:

Are you sure  you are not confusing the rights of the spouse and the rights of the statutary heirs?

 

 The spouse is also a statutory heir....... as well as having the rights of the spouse himself !

 

 This would mean in the case of two children the spouse would receive 50% as a spouse and 1/3 of the other 50% so making a total of receipt 66%.

You went through this you say, so will say sorry for your loss.  

 

What happens if one of the statutory heirs decides to sell the land under "your" house? 

 

Also - what if one of the Thai heirs somehow faked the wife's signature on the chanote and sells the house and land. 

 

I just see and hear about so much corruption, payoffs, etc...  and also do not trust lawyers or believe in them wholly 

 

[musiclover]

3 hours ago, Skallywag said:

You went through this you say, so will say sorry for your loss.  

 

What happens if one of the statutory heirs decides to sell the land under "your" house? 

 

Also - what if one of the Thai heirs somehow faked the wife's signature on the chanote and sells the house and land. 

 

I just see and hear about so much corruption, payoffs, etc...  and also do not trust lawyers or believe in them wholly 

 

Well,  I certainly did have a problem with one of the statutory heirs...BUT  because my right  was 66% , I was able to stop him getting control of the house . He certainly wanted it and assumed that  as he was the son he had that right as the house was completely in the wife’s name .

 

 I also became executor of the estate By going to court in Rachada Bangkok. I succeeded because of my age 66% rights I succeeded because of my 66% rights    Is preventing the son actually doing anything to gain control of the house 

 

 In the end I paid off both the children their estimated ;share in cash, and I still live in the house now exactly as I did before, it being in the company name 

 

 If my share only been 50% or even 33% I would have had no chance of claiming the property and the assets.

 

That is why I think there is a serious misinterpretation of the law in the various for us end it would be essential to actually ask a Thai lawyer what your rights are .....as  clearly they appears to be either miss translation or misunderstanding as written in the law books you quoted

 

 For various reasons, I had three different lawyers during this process and all of them confirmed my rights as being 66 1/3% .......

That Chanote  which kept in the bank and the son had no access to it as well as having no legal rights

 

 Having said that, he certainly tried, and it was a pretty unpleasant  experience for about one year 

[Monkeyrobot]

On 3/3/2019 at 2:31 PM, simon43 said:

If you have to 'protect' yourself from her family, then you have married the wrong person....  

Why , she might be fantastic lady , just the family are <deleted>. 

[khunPer]

1 hour ago, musiclover said:

Well,  I certainly did have a problem with one of the statutory heirs...BUT  because my right  was 66% , I was able to stop him getting control of the house . He certainly wanted it and assumed that  as he was the son he had that right as the house was completely in the wife’s name .

 

 I also became executor of the estate By going to court in Rachada Bangkok. I succeeded because of my age 66% rights I succeeded because of my 66% rights    Is preventing the son actually doing anything to gain control of the house 

 

 In the end I paid off both the children their estimated ;share in cash, and I still live in the house now exactly as I did before, it being in the company name 

 

 If my share only been 50% or even 33% I would have had no chance of claiming the property and the assets.

 

That is why I think there is a serious misinterpretation of the law in the various for us end it would be essential to actually ask a Thai lawyer what your rights are .....as  clearly they appears to be either miss translation or misunderstanding as written in the law books you quoted

 

 For various reasons, I had three different lawyers during this process and all of them confirmed my rights as being 66 1/3% .......

That Chanote  which kept in the bank and the son had no access to it as well as having no legal rights

 

 Having said that, he certainly tried, and it was a pretty unpleasant  experience for about one year 

I presume your late wife didn't make a Last Will...????

[musiclover]

4 hours ago, khunPer said:

I presume your late wife didn't make a Last Will...????

Exactly....I believe that if she had made a will then her sons would have figured highly in it and perhaps even leaving me out ( based on knowledge of other assets).  Who knows?

 

But I still live in the same house and the sons have gone their separate ways. Contractually paid off their entitled share 16% each....and lucky to get it IMO

[thaibeachlovers]

On ‎3‎/‎3‎/‎2019 at 8:19 PM, Kwasaki said:

Why would they do that if your legally married and your wife has son or daughter.

My problem would be finding another 400,000 before immigration kicked me out they wouldn't care.   

True, which is yet another reason to stay on retirement extensions and keep the 800,000 in a separate account never to be touched.

[thaibeachlovers]

On ‎3‎/‎3‎/‎2019 at 8:31 PM, simon43 said:

If you have to 'protect' yourself from her family, then you have married the wrong person....  

100% wrong. My wife was brilliant, till we moved near her family. My only mistake was letting us be moved from where we were to the heart of darkness.

[colinneil]

5 minutes ago, thaibeachlovers said:

100% wrong. My wife was brilliant, till we moved near her family. My only mistake was letting us be moved from where we were to the heart of darkness.

My wife is brilliant, as long as her family are not around.

Get an electric motor fitted to your gate mate, i did works a treat, i let them know it was to keep them out.

Now the only 1 who comes over is FIL, but he only comes once at the weekend when my wife is home.

[Destiny1990]

On 3/3/2019 at 8:24 AM, 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.

Isnt the law in thailand that the children of the mother automatically will inherit their mother house?

[Kwasaki]

 

5 hours ago, thaibeachlovers said:

On 3/3/2019 at 2:19 PM, Kwasaki said:

Why would they do that if your legally married and your wife has son or daughter.

My problem would be finding another 400,000 before immigration kicked me out they wouldn't care.   

True, which is yet another reason to stay on retirement extensions and keep the 800,000 in a separate account never to be touched.

I agree and I hope nothing happens to my wife, my situation like many here is different, I could find the extra to put in the bank but I can go earnings / savings jointly can I not.

[colinneil]

1 minute ago, Benroon said:

What a terribly sad life. I feel for you.

Why waste your time feeling for me? I lead a fantastic life.

Have a great wife, great friends Thai and farang, just keep the money grabbing outlaws out.

[thaibeachlovers]

16 hours ago, Benroon said:

What a terribly sad life. I feel for you.

?????

He is happy BECAUSE he keeps the family out. Not a sad life at all- a happy life.

[Dumbastheycome]

On 3/3/2019 at 10:01 PM, Benroon said:

Just about every Thai urban myth/racist slur/stereotypical falsehoods were probably born on Thai Visa Forum !

If not at the very least perpetuated !

[Dumbastheycome]

20 hours ago, Destiny1990 said:

Isnt the law in thailand that the children of the mother automatically will inherit their mother house?

Without a  valid WILL it is  a complicated situation. Even with is  complicated  for foreign spouse.

Check this out.

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html#1

[Destiny1990]

2 hours ago, Dumbastheycome said:

Without a  valid WILL it is  a complicated situation. Even with is  complicated  for foreign spouse.

Check this out.

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html#1

This is a hypothetical question a thai single mother has one child then she dies.

what will happen with that house?

Does she still need a will? What cost will there be to transfer the house of the deceased mother into her childs his name? Taxes ? Can brothers of the deceased morher still try to become the new home owner if the child doesn’t go forward with the procedure?

what is the procedure?

[Dumbastheycome]

1 hour ago, Destiny1990 said:

This is a hypothetical question a thai single mother has one child then she dies.

what will happen with that house?

Does she still need a will? What cost will there be to transfer the house of the deceased mother into her childs his name? Taxes ? Can brothers of the deceased morher still try to become the new home owner if the child doesn’t go forward with the procedure?

what is the procedure?

I think that a Will would give reasonable individual protection. But as does happen elsewhere where the child/children are dependent then that Will would need spell out who/how etc  care is  given responsibility to. ( Assigned  Power of Attorney ?  Trustee ?)  For sure someone with the childs  best interests in mind would need to be ensuring the  Will was acknowledged and not ignored. Therefore unlikely to be any family or  associate of  family.  As to costs I have no idea  but I am sure such info  can be  found.

[FruitPudding]

Fortunately, such concerns I do not have.

 

I am a single man. Already dumped the wife and lost the house, which she has turned into a chicken coup. 

 

Anyone wanna join me as a monk? It is peaceful.

 

 

[Elkski]

On 3/3/2019 at 9:55 PM, connda said:

"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. 

Can it really be this bad?

[Morch]

I'll add one more point to the discussion. Some people have members of spouse's family or their own staying with them. Elderly parents, kids from previous marriages, others. It would be prudent to address such conditions when drawing up a will (especially if such circumstances are in place of expected). It's probably even better to have this out in the open beforehand.

 

For example, it could prove awkward, legally and morally, to sell a property which also serves as home for the deceased's spouse's offspring or elders.

 

 

[thaibeachlovers]

On ‎3‎/‎8‎/‎2019 at 4:04 AM, Benroon said:

Life is happier without family ? Really ?

 

My definition of happiness doesn't include mistrust, hatred and paranoia - maybe I'm missing out.

He has his loving wife; what more does he need?

The feelings of mistrust, hatred and paranoia will be absent as long as they are.

 

[thaibeachlovers]

On ‎3‎/‎9‎/‎2019 at 10:41 PM, Elkski said:

Can it really be this bad?

Yes.

My thieving family stole everything they could from me before the divorce and then stopped me coming to the house so they could steal the rest.