Inheritance and illegitimate

[poppysdad]

My Thai wife is one of 6 siblings and her elderly father has just given each of them 1 rai of land each. However my wife and one of her brothers have discovered that their births were never registered which is leaving them with an expensive problem of having to pay 5% tax instead of 1% tax which has been estimated at around 70,000 baht each. I should also add that her mother died many years ago which also seems to complicate matters. We went to my lawyer who wrote up and made changes to my will for what I considered a very low cost but she wants 50,000 baht to sort out my wife’s problem. My wife is incensed at this cost and she left quite angrily so is this cost fair and reasonable or is it gross overcharging. 
Indeed, if she sorts it at that price we still have to pay the 1% tax and adding the 2 costed together we might just as well pay the 5% tax and probably no hassle. I should also say that despite being technically illegitimate she has been legally married and divorced, has a legal I’d card, driving licences for both motorbike and car and a passport all without any problems whatsoever and is unlikely to be left another inheritance from her father so what are the viewpoints of which action to take.

[ezzra]

Sometimes what looks to be a cheaper solution ends up costing more, and even if you get another cheaper lawyer the saving will be negligible as it seems that this case need a bit or work to sort it out, so bite the bullet and pay the asking fees making sure that this is it and nothing more to pay as lawyers has this nasty habits of asking for more money once things are in motion...

[northsouthdevide]

Is it not a possibility to ask all siblings to cover the cost of the tax in a lump sum, divided by the amount of siblings? 

[poppysdad]

Most of the family have little or no spare money and indeed one of the sisters had already sold her land before the inheritance is fully completed for well below its value just to get some cash and to pay off debts and I’ve no idea how the affected brother is going to find his 70,000 to pay his tax.

[BritManToo]

50 minutes ago, poppysdad said:

However my wife and one of her brothers have discovered that their births were never registered

So they've gone through life with no health care, schooling, marriage, D/L, ID cards or house book ........... seems unlikely.

 

None of those things can be done without the birth being registered.

So how does she explain getting them all?

 

I would think 'extortion attempt', if a woman told me that story.

Edited May 25, 2020 by BritManToo

[prakhonchai nick]

1 rai of land valued at 1.4 million baht?  Must be a prime site!

[prakhonchai nick]

Is it that the birth was not registered, or that a birth certificate was not issued?

 

In my experience of helping widows here in Isaan, I have come across many who do not have a birth certificate, yet their names appear on house registration books and they have an ID card.

 

My sister in law did not have a birth certificate and needed one to go to Switzerland. It was sorted for next to nothing by the village headman.

 

If no village headman go to the amphur. Forget the greedy lawyers!

Edited May 25, 2020 by prakhonchai nick

[poppysdad]

Britmantoo, what a poor attitude to people you have, the response I’d like to make to you would probably get me banned.

[khunPer]

On 5/25/2020 at 4:01 AM, poppysdad said:

...so what are the viewpoints of which action to take.

Pay the 5 percent...????????

[blackcab]

@poppysdad Your question can not be answered as you have not provided enough facts. Is your wife:

 

a. Completely undocumented, with no Thai ID card?

b. In possession of a Thai ID card, but she has no birth certificate?

c. In possession of a birth certificate, but the birth certificate lists a different man as her father?

d. In possession of a birth certificate, but there is no father registered at all?

 

In addition, what does your wife's house book entry say? Every house book entry lists the father and mother of the person entered into the house book, along with their Thai ID number. Either there is a father listed in the house book, or there is not. If there is a father listed, is the name and Thai ID number the same as the man who wants to give her the 1 rai of land?