Can anyone recommend a lawyer?

[Surelynot]

Sidney Powell

[Surelynot]

5 minutes ago, llugguss said:

without a citizenship

I thought that was impossible.....you have to be a citizen of somewhere?

[llugguss]

20 hours ago, Surelynot said:

I thought that was impossible.....you have to be a citizen of somewhere?

Oh you don't understand cause I didn't tell the whole story! It's my mistake! My friends who moved from Israel advised me to contact a lawyer and it's good that I followed their advice. The paperwork went on for about a year, but all this time I was not alone! I can't imagine what I would have to go through on my own collecting all the necessary documents... Now, thank God, everything is over and I am in the process of obtaining a citizenship, and this time I immediately asked for qualified help.

[Surelynot]

12 hours ago, llugguss said:

Oh you don't understand cause I didn't tell the whole story! It's my mistake! My friends who moved from Israel advised me to contact a lawyer and it's good that I followed their advice. The paperwork went on for about a year, but all this time I was not alone! I can't imagine what I would have to go through on my own collecting all the necessary documents... Now, thank God, everything is over and I am in the process of obtaining a citizenship, and this time I immediately asked for qualified help.

Hope it all pans out for you......I have spent the last 14 years doing visas and that must only give me an inkling of how stressful it must have been for you.

[Brew]

Lawyer in Khon Kaen:

 

Sa-Nga YOMSRIKEN
+66 89 274 6999

 

[SantiSuk]

On 7/8/2020 at 3:45 PM, khastan said:

My number one recommendation for any type of legal issue is Isaan Lawers. If it was not for Sebastian's very wise advice and help many years ago I would have been thrown out of the house I live in now.  Since 2007 he has helped me with numerous issues and can always help no matter what. I cannot recommend both him and his company enough.

This post comments from my experience on a number of angles covered by various posters in this thread.

 

I haven't heard a bad word said about Isaan Lawyers (on ThaiVisa or Google reviews). Quite the contrary. Go to their website to get a good view of their range of services (quite broad) and capabilities. They will advise on property transactions.

 

I enquired about drafting a Thai will 2 years ago when I had heart problems and I received a package to complete from Isaan Lawyers which would have cost me 5,000 baht (hope my memory serves me right) for them to prepare and discuss the will with me based on the returned package of info. Never got round to completing the package as my heart bypass operation came up rather quickly. Must do so now!

 

Am about to hire Isaan Lawyers to help the UK executor of a deceased friend ensure that the assets in Thailand are collected. Sebastian Brousseau was  impresssive in a 45 minute telephone consultation to sell his firm's capabilities and outline the processes involved.  In this case we may have to use the Scottish will and take it through the local Thai probate Court as there is no Thai will. I soon found out that local Thai lawyers had no experience of using a foreign will at Thai probate courts by interviewing a couple of them and the clerk to the local probate court ("we don't get a lot of foreign wills here - get a lawyer from Bangkok' was the clerk's recommendation) - I am confident that would cost twice as much as Isaan Lawyers, since the big law firms are close to western nation rates IME).

 

If you have assets in Thailand that are non-trivial it is clear to me that you need a Thai will. Using your home country will is more involved and more costly to your estate. Equally important if you value your Thai partner and wish her/him to have an easy ride in the distress period after a death then please tell them before you peg it what to expect, where to find all necessary documents and correspondence, where is the will(s) and who can help with pursuing the collection of assets and distribution of the estate. Leave written instructions. Make sure someone can access your computer and phone (unless of course you fear what might be found!)

 

You can avoid a Thai Court process if you only have bank balance(s) and they are trivial (less than say 20,000 baht and/or you have a good relationship with the Thai bank manager). Larger balances will require a Court Order to instruct the bank to accept the withdrawal and to give notice of transfer of title of eg vehicles, property, securities  to the relevant government/financial authorities.

 

Those above who claim that it is outside the law for a bank manager to allow bank balances to be claimed are wrong (I believe, or at the very least are way over-egging the risk). Amphur staff, Thai lawyers and even the clerk to a Court will tell you to try it out for smaller amounts as it is custom and practice for bank managers to do so on production of valid wills and death certificates.

[khaepmu]

On 7/2/2020 at 5:44 AM, ArickChaiyaphum said:

Divorce your wife and go to the land office and add your name on the chanote as a usufuct for 1 percent of the land cost and it is yours until you die. Maybe go and do it even if your married no need to waste money on a lawyer the land office will advise you 

 

This seems to be the best way to ensure that I can keep the house in the event of my wife's death. My wife seems to think that because I am legally married to her I have a right to stay in the house until I die if she dies before me. This word "usufuct" . What might the Thai translation be. (or is it Thai). Actually, my Thai wife and I have a will for the few bank accounts that we have and she included the house in the will. We have no children or beneficiaries meaning that in the event of my death, everything is hers and vice versa. We have a lot of our savings in 2 joint accounts. I have read that in the event of either of our deaths the other automatically assumes ownership of the accounts when the accounts have joint ownership. We have recently bought a new car and the car is not in the will. Unlike in the past, this time we put the  car is in my wife's name. In the event of my wife's death, I suppose i would just continue driving it as usual. I don't believe any relatives could take the car. But I might have a hard time selling it if I wanted to.

 

 

[Tanoshi]

2 hours ago, khaepmu said:

This seems to be the best way to ensure that I can keep the house in the event of my wife's death. My wife seems to think that because I am legally married to her I have a right to stay in the house until I die if she dies before me. This word "usufuct" . What might the Thai translation be. (or is it Thai). Actually, my Thai wife and I have a will for the few bank accounts that we have and she included the house in the will. We have no children or beneficiaries meaning that in the event of my death, everything is hers and vice versa. We have a lot of our savings in 2 joint accounts. I have read that in the event of either of our deaths the other automatically assumes ownership of the accounts when the accounts have joint ownership. We have recently bought a new car and the car is not in the will. Unlike in the past, this time we put the  car is in my wife's name. In the event of my wife's death, I suppose i would just continue driving it as usual. I don't believe any relatives could take the car. But I might have a hard time selling it if I wanted to.

 

 

In the event of your wife's death, ownership of the house automatically becomes yours by law.

However the land is a different matter and ownership cannot be transferred to a foreigner.

Land ownership must be in a Thai name, but you can put an 'usufruct' on the house and land which protects your right to stay there until death, which prevents such as a family member who's name appears as the land owners from selling the grass beneath your feet.

Usufruct Agreement Template - Th-En 4 (thailandlawonline.com)

 

Vehicles and such can easily be transferred to your name on production of proof of marriage and your wife Death certificate. By law you also automatically inherit your wife's possessions, unless a Will states otherwise.

[khaepmu]

Thanks for that. Good to know.

[BritManToo]

On 2/1/2021 at 6:03 AM, khaepmu said:

We have a lot of our savings in 2 joint accounts. I have read that in the event of either of our deaths the other automatically assumes ownership of the accounts when the accounts have joint ownership.

Joint accounts are frozen until probate finishes.

You will lose all access to the joint account in the event of a death.

[BritManToo]

On 6/5/2020 at 11:14 PM, Tanoshi said:

Again the spouse is automatically entitled to the estate.

Production of the spouse's death certificate and proof you are the legal spouse is often enough for these offices to change the name of ownership for land and vehicles.

Again, not true.

With no will, 50% goes to the spouse, 50% is shared between the next level of nearest relatives.

[fredwiggy]

3 hours ago, BritManToo said:

Joint accounts are frozen until probate finishes.

You will lose all access to the joint account in the event of a death.

Not true. 

What happens is I have a joint account with someone who has died?

If a person is a joint owner of a bank or building society account with the person who has died, then from the time of the death the joint holder automatically owns the money in the account. The account is not “frozen” after the death and they do not need a grant of probate or any authority from the personal representatives to access it.

[fredwiggy]

10 hours ago, BritManToo said:

Again, not true.

With no will, 50% goes to the spouse, 50% is shared between the next level of nearest relatives.

What Happens if You Die Without a Will and You're Married?

Depending on how your assets are owned when you die, your estate will either go entirely to your surviving spouse (if it's community/marital property), or split between your surviving spouse, siblings and parents (if it's your separate property). If you're married and have children with your current spouse, your entire estate will go to your surviving spouse. Otherwise, your surviving spouse will receive up to one-half of the estate, with the remaining portion passing to your surviving children from another spouse or partner.

[llugguss]

I think I can do you a favor if I help you find a good lawyer. A few years ago we also needed a lawyer and it was very difficult to find a good specialist, because some lawyers could not give me answers to the simplest questions at the consultation. I was surprised when, after consulting stearns-law.com, I was able to solve the problem. Best of all, further consultations began to pay off and we were able to finally decide what was needed. I hope it turned out to suggest the correct solution.

[Neeranam]

What happens if your wife dies and you  have a mortgage on your house?

 

 

[Tanoshi]

7 minutes ago, Neeranam said:

What happens if your wife dies and you  have a mortgage on your house?

 

 

You carry on paying the mortgage, which I assume is what you were already doing.

[Neeranam]

49 minutes ago, Tanoshi said:

You carry on paying the mortgage, which I assume is what you were already doing.

But if the husband is a foreigner he can't own the house, so surely the house  would be put up for sale? 

 

[Tanoshi]

8 minutes ago, Neeranam said:

But if the husband is a foreigner he can't own the house, so surely the house  would be put up for sale? 

 

A foreign can own the property, he cannot own the land the property sits on.

In the event of the decease of a Thai wife, your given 12 months to transfer the Land Deeds into another Thais ownership. You can make an usufruct to protect your right to use the land until death.

[puchooay]

30 minutes ago, Tanoshi said:

A foreign can own the property, he cannot own the land the property sits on.

In the event of the decease of a Thai wife, your given 12 months to transfer the Land Deeds into another Thais ownership. You can make an usufruct to protect your right to use the land until death.

Doesn't a usufruct end upon death of the property owner?

 

Your wife can also have it written into her will that you can live in the house until your death.

[Tanoshi]

6 minutes ago, puchooay said:

Your wife can also have it written into her will that you can live in the house until your death.

She can, but if legally married you become the automatic heir by law of ascension.

The issue is with the land, which cannot be in a foreigners name and an usufruct can prevent any Thai named on the Land Deeds from selling the land from beneath your feet.

 

The usufruct should protect the foreigner whilst living, but ceases upon his death.

If the Thai wife deceases you essentially become the owner, but cannot be named on the Land Deeds.