When I die...

[NancyL]

On 11/22/2020 at 7:44 PM, lungbing said:

And just who is going to inform the bank that you're dead?

 

 

If you're receiving Social Security, they will.  The American Embassy/Consulate notifies them.  Keep in mind that as foreigners we're very visible and Thai people love to gossip.  Word will get around quickly that you have passed.  The posts above point to a procedure that is very easy for your partner if you have a Final Will. No need to rely on the "empty the account as soon as I die" strategy to get around having a Final Will.

[Andy from Kent]

On 11/21/2020 at 3:39 AM, scorecard said:

My own case, I discussed this years ago with my Thai son (my only child) and his Thai wife and I made it plain that my wish is they find a temple nearby which charged very low price to do the cremation, in fact I asked them to do some 'research' on this quickly. They found several temples which charge 30,000Baht to cremation a non-Thai body, and one which was 20,000Baht. These charges don't of course include parties or food etc. All of the above is in my Thai will; low-cost cremation/no party.

 

I did like  you.    I told the Ms. I want the least expensive cremation possible.    i explained I'd like her to have as much money to spend with her boyfriend as possible after I'm gone.      Seriously I did tell her to do it on the cheep and have as much money as possible for her for the remainder of her life.      The only restriction I tried to impose is I said I would come back as a ghost to haunt her if she ever latched up with a no good lazy young guy who wants to sit around the house all day.and drink.      I'd get jealous and wouldn't like that.    

 

Scorecard,  when I wrote my wishes in my will the lawyer  actually argued with me.    He almost took offense that I wanted a cheap  cremation without all the parties and celebration.     I simply told him that while I have and show respect for Thai culture  and Buddhism  I see no reason I should be compelled to participate in it.   He relented and we were able to conclude the will.

 

[Andy from Kent]

On 11/22/2020 at 3:08 PM, NancyL said:

Why do so many resist this?  As mentioned, a Final Will doesn't have to be drafted by a lawyer and I've seen banks accepted homemade Final Wills, even those drawn up only in English.

 

It seems some just try to get away with things under the radar    I've talked with different branches of the bank I use and they  all unfailingly insist they'll only accept a will probated by a  Thai judge.     That can take months.    I personally don't like that but it's just the way it is in Thailand.

 

 

[Andy from Kent]

1 hour ago, NancyL said:

If you're receiving Social Security, they will.  The American Embassy/Consulate notifies them. 

 

 

 

NancyL,    I wonder if this is a change in policy?     Several years ago when the Embassy actually accepted phone calls from citizens, I directly asked if the Embassy would notify Social Security so my Ms wouldn't have to bother.   The clear and direct answer I was given is  that notification is the responsibility of your survivors.

 

I find it highly frustrating to have so much uncertainty about when the issue is important and some of us  want to line  up all the ducks in order  in advance of death.

 

I looked at this forum and unless I am  incorrectly understanding it, this is for  the next of kin to use after the death of a US citizen.    It can hardly be filled out in advance as it isn't for the living person.

 

Is this supposed to be the form the Embassy  issues/authorizes for the release  of a body from a hospital  so the body can be cremated.     If not which form is that and what does it look like?

 

 

 

 

 

Edited November 25, 2020 by Andy from Kent

[JimGant]

31 minutes ago, NancyL said:

If you're receiving Social Security, they will. 

For Yanks, if you have your SS check being directly deposited into a Thai bank, they'll contact that bank to have the deposit returned.

Quote

We learned that if someone who was receiving Social Security benefits dies ,the bank where the direct deposit was going, must return the benefit received for the month of death or any later months. However, the account is entitled to keep death benefits for the month the died. [There's a form you file to have month of death benefits reissued to NOK]

Obviously, this should flag your account as belonging to a corpse. Whether or not the bank manager sees fit to freeze the account is anyone's guess, as there's no Code law saying such must be done -- only the word of the lawyer mafia. Same for whether or not probate is required for uncontested cases, where a Will, beneficiary(ies), and executor exist (nothing hard and fast about this, except on most law firm web pages, where obviously they have fees at stake).

 

46 minutes ago, NancyL said:

No need to rely on the "empty the account as soon as I die" strategy to get around having a Final Will.

Nancy, having a Final Will, with your wife (or partner) as sole beneficiary only builds a pretty ironclad case for who should get your assets. And, this might come in handy in the remote possibility that someone complains (the bank, the mistress, the lawyers' association, who?) that your assets weren't distributed per probate law, even tho' they were distributed completely according to your wishes. So, getting around a Final Will by emptying one's account is not what's at stake here -- avoiding probate and redirecting assets to the named beneficiary per the instructions of the Final Will are complimentary procedures. And, since probate will tie up these assets for many months, and cost maybe 50,000 baht (per some posts on this forum), why wouldn't the beneficiary avail him or herself to an online money transfer per the Will's beneficiary instructions? If somehow this violates some nameless law about freezing bank accounts, I still don't think you would be in much legal trouble -- again with a Will naming you as beneficiary. Worst case: Bank manager freezes your account into which went the deceased's money. Guess, then, maybe move the money to a different bank..... or your mattress.

Obviously, not many test cases here on the forum to give credence....

[JimGant]

I've seen several reports in discussion that say Thai probate is NOT required for uncontested situations where a valid Will exists. Here's one example: (Which doesn't mean your bank manager agrees -- the lawyers have pretty much salted the earth regarding probate.)

Quote

Further to this, settlement of assets in Thailand through a Thai Last Will and Testament is more convenient and practical. For one, Thai law does not require probate of Last Will and Testaments before it can be enforced.....

https://www.thaiembassy.com/thailand/lastwill-testament.php

Anyway, my wife's instructions are take my money and run before even taking me out of cold storage. Any subsequent problems -- at least she can argue with the money in her possession. Pretty simple, actually.

[NancyL]

Yes, the recent American deaths I've known, the U.S. Consulate Chiang Mai notifies Social Security.  

 

As for a bank accepting a Final Will without probate, I've known of Bangkok Bank Kad Suan Kaew branch doing it at least three times.  In every case, the staff knew the account holder, executor and main beneficiary very well and knew the intent of the account holder (deceased)  It was no surprise that the account holder was dying.  The only assets involved were the bank accounts -- no vehicles, condo, etc, so really no need to go to probate to clear the bank accounts.