My Thai wife has died. What next.

[keithcresswell]

My Thai wife died last week. We bought a house in her name 15 years ago, she made a will leaving everything to me (we didn't have any children). I have heard that the house can be transferred to me and that I must sell it within a year. I will be seeing a "lawyer" tomorrow, but I was just wondering if anyone has had this experience before and how did things work out. 

[cornishcarlos]

Condolences Keith... I hope you are ok

I've no experience with that situation and dread the time it comes, but seeing a lawyer is the only way to get it sorted out.

I hope it all works out for you.

 

[geoffbezoz]

I am sorry to hear of your loss.  Yes that is correct you will have to sell the land within 1 year although legally you may still own the house. Will you remain in Thailand or not as that is a consideration in your future planning ? Also were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution. Of course if you were not or maybe working here with a WP then that is something you have no need to worry about

[keithcresswell]

Fortunately I was on a retirement visa. 

[from the home of CC]

sorry to hear of your loss, I hope you have some relatives/close friends that you're in contact with.. 

[ubonjoe]

14 minutes ago, geoffbezoz said:

Also were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution.

That is not correct. The rules state that if your wife passes away the extension remains valid until it expires. In the case of divorce it does end.

[MeePeeMai]

10 minutes ago, geoffbezoz said:

were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution. 

 

Not according to ubonjoe.

 

He said that if one is on an extension based upon marriage and your Thai spouse passes, your current extension will not be cancelled and you will be allowed to remain here until it expires at which time you will need to change your next extension.

 

If you and your Thai spouse get divorced, then your current extension based upon marriage will be cancelled and you will be given 7 days to leave etc.

 

My condolences to you Keith.  I hope everything works out for you in a positive manner.  

[colinneil]

1 minute ago, MeePeeMai said:

 

Not according to ubonjoe.

 

He said that if one is on an extension based upon marriage and your Thai spouse passes, your current extension will not be cancelled and you will be allowed to remain here until it expires at which time you will need to change your next extension.

 

If you and your Thai spouse get divorced, then your current extension based upon marriage will be cancelled and you will be given 7 days to leave etc.

 

My condolences to you Keith.  I hope everything works out for you in a positive manner.  

Please read what Keith posted, he is on retirement not marriage.

My condolences to you Keith, chin up, be strong, hope you can get things sorted.

[geoffbezoz]

3 minutes ago, ubonjoe said:

That is not correct. The rules state that if your wife passes away the extension remains valid until it expires. In the case of divorce it does end.

Irrelevant fortunately because the OP has confirmed he is on a retirement extension.

[mike787]

28 minutes ago, keithcresswell said:

Fortunately I was on a retirement visa. 

Sorry for your loss, However; congratulations for being on a retirement visa, that was good fortune.  No marriage = NO visa = Plan B for others people.

[Spidey]

41 minutes ago, geoffbezoz said:

I am sorry to hear of your loss.  Yes that is correct you will have to sell the land within 1 year although legally you may still own the house. Will you remain in Thailand or not as that is a consideration in your future planning ? Also were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution. Of course if you were not or maybe working here with a WP then that is something you have no need to worry about

If you aren't legally married to your "wife" but she has made a will, would the situation be the same?

[Momofarang]

11 minutes ago, mike787 said:

Sorry for your loss, However; congratulations for being on a retirement visa, that was good fortune.  No marriage = NO visa = Plan B for others people.

So what, what is the problem with Plan B? There are at least 3 options: "Supporting a Thai child", "retirement", Elite, going home, going somewhere else...

[BritManToo]

53 minutes ago, keithcresswell said:

My Thai wife died last week. We bought a house in her name 15 years ago, she made a will leaving everything to me (we didn't have any children). I have heard that the house can be transferred to me and that I must sell it within a year. I will be seeing a "lawyer" tomorrow, but I was just wondering if anyone has had this experience before and how did things work out. 

Sorry for your loss,

I am told there is no time limit for probate in Thai law, so you just fail to complete probate and leave the house in her name. Until you reach a time when you wish to proceed in the sale/transfer.

Edited April 28, 2019 by BritManToo

[geoffbezoz]

1 minute ago, Spidey said:

If you aren't legally married to your "wife" but she has made a will, would the situation be the same?

That's a good question. If you are not legally married then she is not your wife. But in that case it is my understanding that  if  is legally bequeathed to you the same rule apply as if you were married. But not 100% on that one

[kokesaat]

I'd think the first order of business is find a good English speaking lawyer.  Any chance you're in Udon, Keith?

 

 

[Rally123]

1 hour ago, geoffbezoz said:

you will have to sell the land within 1 year

Nearly right. The title can also be gifted to another party. Hopefully the other party will accept the OP to live there unrestricted for the rest of his days. 

Edited April 28, 2019 by Rally123

[geoffbezoz]

3 minutes ago, Rally123 said:

Nearly right. The title can also be gifted to another party. Hopefully the other party will accept the OP to live there unrestricted for the rest of his days. 

Only  if the other party so gifted is Thai.

[Orton Rd]

Very sad, can't imagine anything worse then being here and your wife dying and then being left to clear things up and carrying on living here on your own.

[Rally123]

2 minutes ago, geoffbezoz said:

Only  if the other party so gifted is Thai.

Fairly obvious, being as farang can't own land.

[ubonjoe]

49 minutes ago, geoffbezoz said:

Irrelevant fortunately because the OP has confirmed he is on a retirement extension.

It relevant since you posted false info. That was my reason for doing the post,

[pagallim]

Again, condolences to the poster.   I'm sure that this is a time both of sadness and anxiety for the future.   By co-incidence this week whilst in Immigration (Phuket) and in a general conversation with an IO on the event of a wife dying and the willed passing of property to the husband, the one year to sell property can be extended to two years.  Obviously this would have to be confirmed by Keith's local authorities. 

 

Events like this are a reminder of the importance of making a will, both wife and husband, to eliminate as much stress on the surviving partner as possible.

[geoffbezoz]

6 minutes ago, ubonjoe said:

It relevant since you posted false info. That was my reason for doing the post,

yes I appreciate that but when I posted above the OP had already confirmed his extension status so hence then the question was answered.

 

However moving on from that the OP has no children and does not mention any other family.   That being the case who informs the Land Department that his wife is now deceased ? What if nobody informs them directly ? how will they ever know so hence the OP could potentially carry on living there regardless. ?

[vinny41]

1 hour ago, geoffbezoz said:

I am sorry to hear of your loss.  Yes that is correct you will have to sell the land within 1 year although legally you may still own the house. Will you remain in Thailand or not as that is a consideration in your future planning ? Also were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution. Of course if you were not or maybe working here with a WP then that is something you have no need to worry about

 

1 hour ago, geoffbezoz said:

Irrelevant fortunately because the OP has confirmed he is on a retirement extension.

The post was not Irrelevant as you posted incorrect information 

[geoffbezoz]

Just now, vinny41 said:

 

The post was not Irrelevant as you posted incorrect information 

You just repeat Ubonjoes posts !!!   Please read the thread in it's entirety

[keithcresswell]

I'm in Pattaya

[geoffbezoz]

Just now, keithcresswell said:

I'm in Pattaya

As you can see I have asked the question of Ubonjoe regarding how the Land Department would know your wife has died. If you don't tell them do you know who could, your wife have family ? if not say nothing and keep living there ( if you are aiming to) and just wait and see.

[BritManToo]

28 minutes ago, geoffbezoz said:

As you can see I have asked the question of Ubonjoe regarding how the Land Department would know your wife has died. If you don't tell them do you know who could, your wife have family ? if not say nothing and keep living there ( if you are aiming to) and just wait and see.

As I said earlier, nothing forces anyone to complete probate in Thailand, just leave the house in the dead wife's name until ready to sell, if ever.

[geoffbezoz]

3 minutes ago, BritManToo said:

As I said earlier, nothing forces anyone to complete probate in Thailand, just leave the house in the dead wife's name until ready to sell, if ever.

is that a suggestion or from knowing others in similar situations ?

[Spidey]

12 minutes ago, BritManToo said:

As I said earlier, nothing forces anyone to complete probate in Thailand, just leave the house in the dead wife's name until ready to sell, if ever.

Sounds a bit iffy to me. I could see the wife's family kicking off.

[Lacessit]

I am sorry for your loss. Perhaps you should consult with your wife's family, if you are on good terms with them. One of them could take over the land with the protection of an usufruct. You need a good lawyer.