So you're Thai wife dies. What happens to you?

[Kalasin Jo]

Not that I'm expecting that! 

 

But let's say it happens and that you were legally married to her. But she has not made a will or the will cuts you out.

 

I assume her family will step in and deal with the formalities and rituals as you won't have a clue what to do. Mourning, funeral, wake ( or "party") etc. Will they expect you the husband to pay for that? I guess so. Let's say there is a small insurance insurance policy for such an event but the beneficiary is her Mum. Is it acceptable to tell her Mum the insurance should cover it?

 

Then what about property? Say there is a car bought by you of course but registered in the wife's name? Who gets it? 

 

Say there is a house built and paid for by you but the wife is the registered occupier, not you. Who is the legal owner anyway? Who gets it in the absence of a legal will? And the house stands on land owned by her Mum, although your wife told you her Mum had promised to put the land in her name but hasn't. Does this make a difference? And if her Mum has kept her word and transferred it? Who gets the land?

 

And say you have a marriage visa extension.  Ubon Joe has commented elsewhere it remains valid until expiry, unlike on divorce, but then what? I think similarly a multiple entry non immigration O visa based on marriage documents obtained out of country also remains valid until expiry, but again what then? In both cases how do you stay, can you stay, in country if you haven't the cash in the bank to apply for a retirement visa under the new rules on that.

 

Are you under any legal obligation, as opposed to moral, to support her family as may be you or your wife  have been doing?

 

Just musing. But answers would be useful!

 

 

 

 

[TallGuyJohninBKK]

Lots of questions there... But some basics...

 

Assuming the couple are legally / amphur married, the assets of each party that were acquired prior to marriage remain the sole property of that spouse during and after the marriage. But any assets acquired during the marriage are equally owned by the two spouses.

 

AFAIK, if one spouse dies, that spouse's spousal share can be bequested via a will. And if there's no will, then Thai law has statutory provisions regarding inheritance that call out various parties like children, parents, other relatives. But the surviving spouse would still be entitled to his/her half share of any joint marital assets, even in the absence of a will.

 

As for Thai families, of course, it's going to depend on the particular family. But being a cautious soul, unless something is written down as a legal document and requirement, I wouldn't necessarily expect a Thai family to keep a lot of past verbal promises that may have involved a surviving farang spouse in the wake of the death of their son or daughter. Self interest usually seems to come out on top here.

 

As for land, a surviving farang spouse might be entitled to his/her half share in terms of value if the land was the marital property of the deceased Thai spouse. But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse. So the likely best outcome there would be for the surviving Thai family or another party to buy out the farang spouse's interest.  On the other hand, if the land remained owned by Mom, then the farang spouse would be SOL...

[KhaoYai]

1 hour ago, TallGuyJohninBKK said:

As for land, a surviving farang spouse might be entitled to his/her half share in terms of value if the land was the marital property of the deceased Thai spouse. But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse. So the likely best outcome there would be for the surviving Thai family or another party to buy out the farang spouse's interest.  On the other hand, if the land remained owned by Mom, then the farang spouse would be SOL...

In addition, I believe that in the case that the land owned by the Thai partner prior to marriage but was left to a foreign spouse in a will, that spouse can own the land in the same way - for 12 months during which time it must be sold.

[Bkkjimbo]

That 12 month rule is a nightmare. Better of ensuring such assets are left to a trusted party or a dependent  like a child if any, etc.

 

 

 

 

[KhaoYai]

14 hours ago, Bkkjimbo said:

That 12 month rule is a nightmare. Better of ensuring such assets are left to a trusted party or a dependent  like a child if any, etc.

 

 

 

 

If strictly adhered to, yes I'd guess it can be a real nightmare.  I read somewhere a long time ago that if the property remained unsold but you could prove you were actively marketing it, an extension may be granted.

[billsmart]

I've discovered that my name is on all "our" land. It's in my wife's name, but my name is on there as her spouse. She cannot sell that land without my permission. This was the case about 5 years ago when we wanted to sell some rice land she had. I had to go down and sign my permission.

I've also been told that although I cannot "own" any of the land if she dies, her only son would inherit it, but he could not sell it without my permission nor could he force me to move. I don't anticipate this, but in Thailand, you never know. 

Anyway, I assume if that was the case that I would come to an agreement with him about the land sales and the splitting of the revenue.

[BritManToo]

On 5/1/2019 at 12:16 AM, TallGuyJohninBKK said:

But the farang can't continue to own such land beyond a year or so after the death of the Thai spouse.

Leave it in the dead wife's name, then there's no problem.

[huawei]

On 5/1/2019 at 2:11 AM, Bkkjimbo said:

That 12 month rule is a nightmare. Better of ensuring such assets are left to a trusted party or a dependent  like a child if any, etc.

 

 

 

 

Been there and done that.

 

the 12 month rule is from the issuing of probate, not from date of decease.

Although with everything check that out. Sometimes things need reconfirming here.

 

make sure you have a will and that you are administrator. So you are in control. Very, very important.

 

My my wife died intestate ( without a will). Very sudden.

 

property gifted to child.

 

i wouldn’t stress about the 12 month rule..

 

i found the thai courts very sympathetic, had a good lawyer at the time ( very important).

 

need to deal with immigration etc...less than helpful.

 

i had had no family pressures on me.

 

Moved on.

 

advice: Don’t rush anything, but have a will , make sure you are the administrator and overtime things will resolve themselves. 

[Lacessit]

Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

[JulesMad]

1 hour ago, Lacessit said:

Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

Why do need you a wife? If there was real love, the spouse is not inclined to directly go out and find another wife...

[Andycoops]

I know of a case where the Farang was told after the funeral, get out!

Or else. 

This was in Esan so any recourse would have had major ramifications so he just upped and went to Sin City.

[Pilotman]

2 hours ago, Lacessit said:

Basically, you write off anything that is not solely owned by you.

You go out and find another wife. Plenty of women willing to hook up with a farang, no matter how old and ugly.

who is ugly,  the wife or the farang? 

[ToddinChonburi]

Really you should go talk to an attorney and get the real facts . Sounds like you need a usifruc. Probably spelled wrong.

[UnkleMoooose]

Then it's high fives all around, remind yourself never to do it again, and get yourself to the nearest go-go bar.

[geoffbezoz]

Say your wife bought a set of 20 lottery tickets just before she died.  Say she never signed the back of them. Say she gave them to you for safe keeping. Say she died before the lottery draw.   Say after she passed away those numbers won ?

 

What would you say and to whom ?  ????

 

Of course just as many "says" as the OP  but then just saying ????

[remorhaz]

Lots of questions here okay... "Mourning, funeral, wake ( or "party") etc. Will they expect you the husband to pay for that?"  Yes.  If a funeral happens the falang must pay.  Also if the wife is just sick the falang must pay.  Double so if she is alive, happy, sad, in a coma etc.  pretty much assume the falang must pay.  There is no 'off' setting for that especially when dealing with in law Thai family members.  Is it sunny?  Falang must pay.  Raining?  Falang must pay.  You get the idea.  

[Peterw42]

16 minutes ago, remorhaz said:

Lots of questions here okay... "Mourning, funeral, wake ( or "party") etc. Will they expect you the husband to pay for that?"  Yes.  If a funeral happens the falang must pay.  Also if the wife is just sick the falang must pay.  Double so if she is alive, happy, sad, in a coma etc.  pretty much assume the falang must pay.  There is no 'off' setting for that especially when dealing with in law Thai family members.  Is it sunny?  Falang must pay.  Raining?  Falang must pay.  You get the idea.  

I think a husband paying for his wifes funeral or illness would be pretty standard practice all over the world. Not everything is a thai conspiracy against foreigners.

[thailand49]

????Get a lawyer who speaks English can obtain in Bangkok. If the news is all bad get a nice Suite at one of the finest hotels in Bangkok of course near the BTS. Hit the bars, GoGo's, massage salon etc. have the time of your life on the way home take the BTS when it just arrives jump!

 

If the news is good do all the things listed above except the jump!

Edited May 18, 2019 by thailand49

[Thingamabob]

6 hours ago, BritManToo said:

Leave it in the dead wife's name, then there's no problem.

Agreed.

[DJ54]

Insurance - A Farang Friend of mine died not long ago and they had what I’d guess is burial insurance that footed most the cost. Thought it was a bit hokey at the beginning of the ceremony the insurance company handed the wife a big sign that was like 50,000 baht. 

 

No idea what the cost was. I asked but didn’t hear anything....

[colinneil]

Many different thoughts on here about this, easy for most to sort things about.

In my case, if my wife dies before me, i would be up the creek without a paddle.

The thought of her dying first terrifies me.

[Hanuman2547]

My Thai wife passed away 14 years ago in Bangkok. Our oldest luk krung Thai citizen son was 19 at the time.  When he turned 20 a few months later he came back from the USA where he was studying in university and we signed three houses over into his name.  No problem, easy peasy.

[remorhaz]

On 5/18/2019 at 6:28 PM, Peterw42 said:

I think a husband paying for his wifes funeral or illness would be pretty standard practice all over the world. Not everything is a thai conspiracy against foreigners.

The situation as described is that his late wife had a will and possibly life insurance that names her family not her former husband and beneficiary.  So the parents will collect *ALL* the money and *ALL* of the jointly owned goods then demand he pay for everything.  Conspiracy?  Would the situation I described happen in England or the US and be not only socially acceptable but expected?  Falang must pay is the rule.

[puchooay]

15 minutes ago, remorhaz said:

The situation as described is that his late wife had a will and possibly life insurance that names her family not her former husband and beneficiary.  So the parents will collect *ALL* the money and *ALL* of the jointly owned goods then demand he pay for everything.  Conspiracy?  Would the situation I described happen in England or the US and be not only socially acceptable but expected?  Falang must pay is the rule.

That's a very broad assessment. There is no rule that "Farang must pay" and to say so is plain stupid. If there is a scenario where there has been an insurance taken out and left to the family and not the husband, whether Farang or Thai, he has been either stupid or set up.

 

If you have a good relationship with your wife and her family then a death will likely bring everyone together and things will proceed in a nice manner.

 

If things go the way that you suggest then I would imagine the guy has been getting screwed his whole married life and should have seen it coming.

[ThomasThBKK]

55 minutes ago, remorhaz said:

The situation as described is that his late wife had a will and possibly life insurance that names her family not her former husband and beneficiary.  So the parents will collect *ALL* the money and *ALL* of the jointly owned goods then demand he pay for everything.  Conspiracy?  Would the situation I described happen in England or the US and be not only socially acceptable but expected?  Falang must pay is the rule.

 

Nothing stops you from getting your own life insurance on your wife. Also they will get half of the property if the will says so, but the other half is still yours... No one can force you to pay for a funeral but who the hell wouldn't pay for his owns wife funeral anyway?!

[user305]

On 5/18/2019 at 5:21 PM, DJ54 said:

A Farang Friend of mine died not long ago and they had what I’d guess is burial insurance that footed most the cost. Thought it was a bit hokey at the beginning of the ceremony the insurance company handed the wife a big sign that was like 50,000 baht. 

Wow.  I hope this is relatively uncommon.