Condo Ownership Problem

[twix38]

I would like to help a Thai lady whose Italian husband has died unexpectedly whilst on a return visit to Italy.

The Condo is in a company name and was only in the dead Italian man's control. There is no Thai will and the Thai lady is not legally married to the Italian man. The Italian man is still legally married to his Italian wife who is in Italy, although they have seperated years ago and his Thai relationship is known to his Italian wife and she actually sent a copy of the death cert to the Thai lady, so there is some contact.

The Thai lady and the Italian have a son together here in Thailand who is about 6 years old and all assets are in the dead Italian man's name/company name.

The Thai lady wishes simply to get the Condo put into their sons name and I gather the italian legal wife would not object, but how?

At the moment, as the Italian man's death was unexpected, she is very short of money and all assets were in the Italian man's name.

So, how can the Thai lady arrange to start the legal process of getting their Condo into their son's name? What does she have to do and what legal steps and paperwork do they need to obtain?

Can anyone suggest a good Pattaya lawyer, offer any general advice or specifically what the proceess might be for this Thai lady?

The Thai lady had a serious and long relationship with the Italian man and they have a son. She now has no income, no money and no assets after such a dreadfull and unexpected death.

She is really in a state and in grief. Please help me to help her. Thank you

Thanks

Edited April 29, 2007 by twix38

[Thai-Spy]

If the Italian man is named as the father on his son's birth certificate, then absent any other claims (such as from the Italian wife, any Italian children or another Thai child) the Thai courts should recognize the son as the Italian's sole heir. Thus the boy becomes the owner of his father's interest in the company (presumably a Thai company), although because of his age he cannot exercise his voting rights or other rights and a guardian must be appointed.

The opposite is true of any assets which are held in Italy. The Italian wife will probably claim those unless the son's representative files with a court there. The existence of an Italian will would further complicate things.

In general, it's probably more trouble than it's worth to try to get the condo out of the company name and into the son's name. To do so would likely either involve the fees of wrapping up the company (which as a juristic person does not die simply because the natural person owning it does) or selling the condo to the son which would incur tax liabilities.

To meet the immediate cash crisis the Thai wife may want to contact an officer at the Thai banks where the Italian held his accounts. She should ask them what documentation they require to recognize the son as the Italian's heir and gain legal control of those accounts. It may prove to be as simple as presenting the son's birth certificate (again assuming the Italian is named as the father) and a translated copy of the Italian death certificate.

[twix38]

Thanks Thai-Spy,

Very helpfull.

Does anyone know a good Thai lawyer or where she goes to start the process of going to the Thai courts to allow the boy to become the owner of his father's interest in the company and hence owner of the Condo via a guardian?

I will direct her to the Italian's bank, as you suggest, but think she will have done this and either there is no cash left or he just bought in cash from Italy using ATM's from Italian Bank account. I don't know

Thanks

If the Italian man is named as the father on his son's birth certificate, then absent any other claims (such as from the Italian wife, any Italian children or another Thai child) the Thai courts should recognize the son as the Italian's sole heir. Thus the boy becomes the owner of his father's interest in the company (presumably a Thai company), although because of his age he cannot exercise his voting rights or other rights and a guardian must be appointed.

The opposite is true of any assets which are held in Italy. The Italian wife will probably claim those unless the son's representative files with a court there. The existence of an Italian will would further complicate things.

In general, it's probably more trouble than it's worth to try to get the condo out of the company name and into the son's name. To do so would likely either involve the fees of wrapping up the company (which as a juristic person does not die simply because the natural person owning it does) or selling the condo to the son which would incur tax liabilities.

To meet the immediate cash crisis the Thai wife may want to contact an officer at the Thai banks where the Italian held his accounts. She should ask them what documentation they require to recognize the son as the Italian's heir and gain legal control of those accounts. It may prove to be as simple as presenting the son's birth certificate (again assuming the Italian is named as the father) and a translated copy of the Italian death certificate.