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My Thai wife has died. What next.

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14 minutes ago, henry15 said:

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.

 

 

You will therefore be familiar with the section of the Thailand Civil and Commercial Code that covers that assertion.

 

I am not familiar with it, could you please enlighten me.

 

 

 

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  • cornishcarlos
    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 f

  • 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.

  • colinneil
    colinneil

    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.

My condolences to you over the loss of your wife.  I was married to a Thai for 23 years who passed away in 2005 from brain cancer.  She owned several homes and pieces of property in Bangkok and down south.  To avoid a lot of problems I simply transferred everything into our son's name.  Although he lives and works in the USA he still has his Thai citizenship and ID card.  It did require him to make a visit to Thailand to submit the paperwork but it went fairly smoothly for Thailand.

On 4/30/2019 at 5:57 PM, khunPer said:

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...

 

That applies if there is no Will. If you have a Will you explicitly can dictate who inherits specific assets and if assets are split (like bank accounts) then what percentage goes to whom, and you can specially dictate who gets nothing.  A Will overrides that section of probate law.  That section takes affect if there is no Will.  Therefore, if you're married to a Thai you need a Will show you as the sole inheritor of the asset (unless your wife directs a split of asset to her children or other family members) and you need a Usufruct contract that allows you to "use" the land your home sits on as long as you live.

On 4/30/2019 at 6:38 PM, Spidey said:

No ufustructs available in Pattaya now.

Why is that?  Who is stopping you and others from executing that legal instrument?

5 minutes ago, connda said:

Why is that?  Who is stopping you and others from executing that legal instrument?

For some time now the boss of the local department of land office has refused to issue them to farangs. I even tried the brown envelope route to no avail.

Edited by Spidey

Find a new wife ?

wait for the family to come and claim what you paid for, TIT

 

good people go first, that is why my wife is still alive

On 4/28/2019 at 3:31 PM, Orton Rd said:

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.

what about her family stealing YOUR house and immigration kicking you out of the country... things can get worse

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 .. ?

  • 1 month later...
  • Author

As an update to my original post, I have now hired a lawyer and will have to go to court in Nong Khai in August to try to be made Administrator of my wife's will. The family want a million baht to not make things difficult for me. I have agreed to this, so hopefully it will work out okay. 

I will need the services of an interpreter at court. If anyone can recommend an interpreter in Nong Khai that would be helpful. 

I would suggest you pay the monies over time and get the document verified by a lawyer. In fact get the lawyer to discuss it with the family and reconfirm everything in writing.

 

 

The courts were were extremely helpful to me during probate, Bangkok immigration not so.

 

good luck..

 

yes you you will need an interpreter and in my case they gave me the main questions the court would ask so that I could also answer in Thai.

condolences and hope you get a positive outcome

On 4/28/2019 at 3:15 PM, ballbreaker said:

The following is what I remember about process in preparing for court in Korat and completing my duties as executor of will.

Very useful information for many of us in the possibility it may happen . Thanks for sharing 

  • Author

A further update. My lawyer spoke to the family and they've now abandoned our agreement saying they need double. 2 million.

38 minutes ago, keithcresswell said:

A further update. My lawyer spoke to the family and they've now abandoned our agreement saying they need double. 2 million.

Is there a reason you need to give them anything?

You have a will, ignore the family, get a good lawyer and go through the courts.

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