My Thai wife has died. What next.

[MeePeeMai]

3 hours ago, geoffbezoz said:

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

Relevant to those reading this thread who want to know the truth (should they find themselves in the same situation as the OP but on a spousal extension).

 

IMHO, Incorrect information should be corrected ASAP (whether it is relevant or not) so as not to allow more confusion and rumours to fester on this forum.

[geoffbezoz]

15 minutes ago, MeePeeMai said:

Relevant to those reading this thread who want to know the truth (should they find themselves in the same situation as the OP but on a spousal extension).

 

IMHO, Incorrect information should be corrected ASAP (whether it is relevant or not) so as not to allow more confusion and rumours to fester on this forum.

and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy.

[MeePeeMai]

3 minutes ago, geoffbezoz said:

and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy.

My sincerest apologies.

[ballbreaker]

Sorry for your loss Keith.

 

I went through wife's death 8 years ago.  The fact your wife made a will should help everything go smoothly provided properly worded.  In my wife's case I already had usufruct in place so house was willed to nephew, with my blessing, and everything else to me.  The following is what I remember about process in preparing for court in Korat and completing my duties as executor of will.

 

1.  Made contact with lawyer who described the process and what he would charge.  In my case it was a flat fee of 20,000 baht to cover full process through the court and assist me with land office and banks if needed.  If you I would not use a lawyer that wants percentage of the estate.

2.  Lawyer posted death in local papers for 30 days as required in case someone wanted to contest will or bring forward any creditors.

3.  After 30 days Lawyer filed papers with the court so court time would be scheduled.

4.  Don't remember exactly but court date took place 2-3 months after filing with court.

5.  Court date was uneventful because court clerk already had papers signed by judge so we never saw the judge.  After leaving court room lawyer took signed papers to processing office where the final court order would be generated which I picked up from lawyer office several days later.

6.  A few days later I went to land office to transfer house ownership to new owner (nephew) and all went smooth but took all day.  Land office explained to new owner that usufruct existed in my name on property and house and even though he was now owner it still belonged to me because of usufruct.  New owner had to sign paper he fully understood what officer had said as did I.

7.  Couple days later I went to bank to withdraw funds and close joint and account in her name.  All went smooth but took several hours.

8.  You may not need this final process.  Wife and I lived in US for many years and still had joint brokerage and bank account.  Because total value of two accounts exceeded a certain amount I needed release certificates from the IRS before her name could be removed from accounts.  This required estate tax filing for a death which took 10 months before I received certificates from IRS to alter accounts.  The federal government wants to make sure there get the last tax dollar you owe even if dead.

If you have any questions send me a private message.

[faraday]

I am so sorry for your loss.

 

Take care of yourself, make sure you eat properly, & don't drink too much.

[musiclover]

Sad news...condolences 

But.......2 points may be relevant 

Firstly I assume that you will be the executor of the will....quite important 

 

Secondly, you will NOT be under great pressure (if any at all) to sell within a year....or even longer and you can transfer property into a company name ( controlled by you) at Land Office by paying appropriate (tax which actually is quite high......). but at least then you still have your house !

 

[tlandtday]

my condolences... sorry to hear

[dotpoom]

"I've no experience with that situation and dread the time it comes".

My condolences to Keith too but I think you may have not worded the above the way you meant too.

[tandor]

On 4/28/2019 at 3:09 PM, Spidey said:

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

 

Edited April 30, 2019 by tandor
changed my mind...RIP

[oldrunner]

Condolences.

 

[kingstonkid]

KEITH PLEASE LET ME ADD MY CONDOLENCES 

All the best mate and take your time before deciding or doing anything.

[steven100]

On 4/28/2019 at 4:57 PM, keithcresswell said:

I'm in Pattaya

sorry to hear that very sad news keith .... I can only feel sadness in my eyes and hope you have the strength to move on.

what will you do .... will you stay in thailand .. ?

[Bangkok Ape]

Condolences Keith. My advice would be to consult a good lawyer. Chin up. 

Edited April 30, 2019 by Bangkok Ape

[saminoz]

Sincere condolences.

[Thingamabob]

Very sorry for your loss. Small consolation is that you are on a retirement visa which simplifies things a bit. I hope things work out ok for you, and wish you all the very best in the future.

 

[Kieran00001]

On 4/28/2019 at 6:11 PM, geoffbezoz said:

and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy.

 

Its you who hasn't added anything useful.  The post you choose to critisize, although not useful to the OP, was potentially useful to others, unlike your own false information.  You really need to wind your neck in Geoff, this is becoming a regular thing with you.

[Aussieroaming]

Condolences Keith, I hope you have friends around you

[Rod the Sod]

So sorry to hear this Keith. Share with us the positive moments you have as you go forward, and always come back here for some advice (even though much of it is of smile value only ????

[MickeyDelux]

my condolences.

[Jaxxper]

Sorry for your loss.

For what it is worth when my wife and I made out wills a couple of years ago we were told what you have been told , but certainly seeing a reputable lawyer is the best course of action.

[Nanaplaza666]

On 4/28/2019 at 2:46 PM, geoffbezoz said:

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

Ubon's answer is not irrelevant , he was just correcting a wrong quote . + he is right .

[connda]

I'm very sorry for your loss Keith.  

For others currently married.  Obtain a Usufruct contract while your wife is living and then a Will that transfers everything on the land (buildings and assets) to you.  This is not the situation you wish to be in.  

This country has no compassion for foreign men married to Thai women while the wife is alive, and zero compassion for you if the wife dies.  The fact that you may have created a nuclear and extended Thai family is irrelevant to the government.  Wife dies, your marriage is dissolved, and you're basically shown the door once your visa expires.  No status as a widower;  you become a glorified tourist unless you have the means to stay on a different visa.  The years of supporting a Thai family means absolutely nothing and it becomes the Thai Way or the Highway - I from what I've seen they wish we'd all take the Highway.  

[elcaro]

My condolences

[khunPer]

My condolences, sorry for your loss.

 

I remember there was thread about death of wife, and what happens to home, a while ago, with lots of replies. Perhaps it might be of interest for you. The link is here...

 

Edited April 30, 2019 by khunPer

[Spidey]

1 hour ago, connda said:

I'm very sorry for your loss Keith.  

For others currently married.  Obtain a Usufruct contract while your wife is living and then a Will that transfers everything on the land (buildings and assets) to you.  This is not the situation you wish to be in.  

This country has no compassion for foreign men married to Thai women while the wife is alive, and zero compassion for you if the wife dies.  The fact that you may have created a nuclear and extended Thai family is irrelevant to the government.  Wife dies, your marriage is dissolved, and you're basically shown the door once your visa expires.  No status as a widower;  you become a glorified tourist unless you have the means to stay on a different visa.  The years of supporting a Thai family means absolutely nothing and it becomes the Thai Way or the Highway - I from what I've seen they wish we'd all take the Highway.  

No ufustructs available in Pattaya now.

[Kasane]

So sorry to hear about your loss. Be strong. Wish things work out the way you want.

[Acharn]

On 4/28/2019 at 2:26 PM, 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

When my wife died in 1995 the Immigration officers told me I could stay until the ending date of my current extension, but after that I would have to get a new visa based on retirement. At the time there was a different income requirement for those under 60 and those over, so the officer recommended I make visa runs and use double-entry tourist visas for the year I needed until I turned 60. A number of things have changed since then, so dealing through a lawyer is probably best unless you speak Thai well enough to talk to the immigration people yourself. I've always found them helpful.

[crazykopite]

Sorry to hear of your loss . My friend lost his wife some three years ago and although he put everything in his wife’s name she then leased the land along with the house to him for 30 years . He had a lawyer and the judge ordered that his lawyer along with his late wife’s father should be the executer to the estate 3 years on and he still lives in the property . From what I remember the judge was very sympathetic and told them to work it out between themselves  I believe there is 16 years left on the lease and on its expiry it will be returned to his late wife’s family .once again condolences on your loss glad to hear that you were on a retirement visa . Hope all goes well for you  ????????  I might mention that the biggest hurdle was with bank accounts the joint account they had was no problem but she also had one in her name the bank showed little sympathy towards him and what they were demanding was ridicules the death certificate along with there marriage certificate was not enough they wanted letters from lawyers and so on , we discovered that there was only 1,000 baht in her account so decided to just leave it as it was as the time , energy and expense far outweighed the 1,000 baht in her account like you my friend always had his own account with the funds to cover his retirement visa.

 

 

Edited April 30, 2019 by crazykopite

[kickstart]

13 hours ago, crazykopite said:

Sorry to hear of your loss . My friend lost his wife some three years ago and although he put everything in his wife’s name she then leased the land along with the house to him for 30 years . He had a lawyer and the judge ordered that his lawyer along with his late wife’s father should be the executer to the estate 3 years on and he still lives in the property . From what I remember the judge was very sympathetic and told them to work it out between themselves  I believe there is 16 years left on the lease and on its expiry it will be returned to his late wife’s family .once again condolences on your loss glad to hear that you were on a retirement visa . Hope all goes well for you  ????????  I might mention that the biggest hurdle was with bank accounts the joint account they had was no problem but she also had one in her name the bank showed little sympathy towards him and what they were demanding was ridicules the death certificate along with there marriage certificate was not enough they wanted letters from lawyers and so on , we discovered that there was only 1,000 baht in her account so decided to just leave it as it was as the time , energy and expense far outweighed the 1,000 baht in her account like you my friend always had his own account with the funds to cover his retirement visa.

 

 

Interesting about the wife leasing the land to the husband, over in the farming forum they is a TV member farming land that is leased to him for 25 years non-family member owns the land, he is on retirement extension, so far no problems.

But, what if the widowed husband wants to sell the land, it would have to be a Thai selling the land, in this case, a family member, the land still in the late wife name?  so who could legally sign anything, late wife's son/daughter? a job for a lawyer. 

[henry15]

If the total surface of the land, is less than 1 Rai you don't have to sell it. I have been exucutor of the estate in an inheritance as such.