Transfer of Thai property to Children living overseas

[sonicdragon]

Hey Thaivisa, it's been quite a while since I posted !

 

Me and my Thai ex-wife have two children, 13/14 years old. We were divorced in 2016 and me and the kids have lived here in the UK since then. The kids were born in Bangkok. They have Thai (and UK) birth certificates but do not (currently) have Thai passports.

 

Sadly my ex has recently been diagnosed with late stage lung cancer. She's only 50 and is a lifelong non-smoker. The prognosis isn't good.

 

She owns a few properties in Thailand: 3 houses in Bangkok and a condo in Chonburi.

 

She is somewhat estranged from her family, and she does not want any of her property to go to them. She wants it to go to our kids. Is this even possible, given their age ? If not, what are the alternatives (a Trust or something similar ?) She has suggested that we re-marry (I am single), but I don't think that would solve the problem either ?

 

I've told her that she has to find a lawyer, but due to her condition, she is not really feeling up to it at the moment. So I would like to try to get some advice on here and maybe contact a lawyer myself.

 

Any advice would be much appreciated.

 

Thanks

SD

 

[ThailandRyan]

The land and properties can be put in the children's names at the Land office by changing the chanote from your ex-wifes name theirs.  This will also keep it from being sold until they come of age.  I did that with the house I had built and the property purchased upon my divorce from the Thai ex-wife.  The land and the house were put in our daughters name so that the ex could not sell it and our daughter would always have something here in Thailand.  

[sonicdragon]

27 minutes ago, ThailandRyan said:

The land and properties can be put in the children's names at the Land office by changing the chanote from your ex-wifes name theirs.  This will also keep it from being sold until they come of age.  I did that with the house I had built and the property purchased upon my divorce from the Thai ex-wife.  The land and the house were put in our daughters name so that the ex could not sell it and our daughter would always have something here in Thailand.  

Thank you ???? Does that apply only to the houses, or the condo too ?  Is it something she can do with a single trip to the Land Office ?  Is it กรมที่ดิน (https://www.dol.go.th/) ?

[Mike Rodik]

don't worry, many takers, brothers, sisters, aunts, uncles that will move in and take what is theirs

 

your children are not here anyway, so, what do you think that will happen ?

 

how much of that property stated did you pay in full ?

 

she will have to go with MONEY & the CHANOTES, copy of birth certificate of daughter, to every province where she has property, not just one trip...

 

 

Edited February 2, 2021 by Mike Rodik

[natway09]

Sorry to hear of your unenviable situation.

I am sure legally it is possible but the absentee part makes it complicated as the relatives will 

be looking for a way  (maybe) to obtain for themsalves, plus left unattended property go to rack & ruin quickly

Does she have a close member who she can trust with ensuring  happens.

If not planning on returning soon suggest make Thai will for her which can state "sell & proceeds

go to the kids"

[phantomfiddler]

1 hour ago, Mike Rodik said:

don't worry, many takers, brothers, sisters, aunts, uncles that will move in and take what is theirs

 

your children are not here anyway, so, what do you think that will happen ?

 

how much of that property stated did you pay in full ?

 

she will have to go with MONEY & the CHANOTES, copy of birth certificate of daughter, to every province where she has property, not just one trip...

 

 

I disagree completely. I have bought and sold many properties in Thailand and have never set foot in any land office !  All I have had to produce is a signed I.D. and a signed "Whaddayacallit" giving my lawyer the power to act on my behalf ????

[Delight]

 Alternate approach would be for your ex to simply will the properties (or simply  all her Thai assets) to her children.  

 

 

If you go down this route then an administer has to be named-maybe you.

For certain somebody that you trust-important

Beyond her passing then you or a person that you grant power of attorney  to can see the probate process though to the end.Typically that will be a lawyer That is trustworthy.

 

Beyond probate-

The administer can than have the properties transferred to the names of your children. given that  your children are Thai then there is no requirement for FET (Foreign Exchange Transfer Certificate).

Transfer taxes -I think will have to be paid.

 

There is no rush between the end of probate and the transfers.

This can be carried out at your convenience. A sensible time frame needs to be applied.

Also suggest that  your wife arranges to have  more than one original. There is no limit to this number.

So one for you and one for your children. If you have a family lawyer -then a 3rd.

 

This approach makes it easier for your ex.

 

Q -How will you know that your ex has died?

[khunPer]

Sorry to hear about your ex wife's situation.

 

Minors can own land as explained in above posts.

 

Transfer should be able to do by power of attorney, in past I has land transferred from a Thai using power of attorney from her father, the simple standard form from a book shop/paper shop, and signed copies of ID and House Book. Best to use a lawyer if possible, also to clear what is needed of documentation, but with a Thai birth certificate the children have Thai ID-numbers, and that might be enough.

 

A last will, also mentioned above, is another possibility.

[Bradmeister]

Sonic Dragon, 

 

What a heart wrenching story...  if you are truly committed to your kids, you're getting on a flight ASAP.

 

You will need to suffer all the rigamorols of COE, testing and quarantine.

 

1. Retain an attorney immediately

2. Ask your ex to fill out a will and last testament.

3 Have a power of attorney signed to you for 

transitioning all the properties to your children 4. Have attorney accompany you to all the districts and to Chon Buri, should your ex's condition deteriorate.

 

My father died of lung cancer.... it came quick, and we bearly had the estate settled in time before distant relatives challenged the last will and testament. 

 

That was pre-covid.... Times are bad now, and its still going to get worse. Desperate people will do desperate things. 

 

Best of Fortune. 

[VyacheslavKHV]

Better to transfer properties now, to avoid going to court for appointment the administrator of estate.

I know a good lawyer for matters like this, you can PM me, i can give you number.  

[bbabythai]

17 hours ago, phantomfiddler said:

I disagree completely. I have bought and sold many properties in Thailand and have never set foot in any land office !  All I have had to produce is a signed I.D. and a signed "Whaddayacallit" giving my lawyer the power to act on my behalf ????

who would ever give any lawyer a document to have power of attorney on your behalf- especially dealing with property. 

 

we use a really honest attorney here in thailand but I would not even give him this. I am not a fool

[sonicdragon]

On 2/2/2021 at 2:02 PM, Bradmeister said:

Sonic Dragon, 

 

What a heart wrenching story...  if you are truly committed to your kids, you're getting on a flight ASAP.

 

You will need to suffer all the rigamorols of COE, testing and quarantine.

 

1. Retain an attorney immediately

2. Ask your ex to fill out a will and last testament.

3 Have a power of attorney signed to you for 

transitioning all the properties to your children 4. Have attorney accompany you to all the districts and to Chon Buri, should your ex's condition deteriorate.

 

My father died of lung cancer.... it came quick, and we bearly had the estate settled in time before distant relatives challenged the last will and testament. 

 

That was pre-covid.... Times are bad now, and its still going to get worse. Desperate people will do desperate things. 

 

Best of Fortune. 

Thank you and many condolences for your father.

 

Unfortunately I don't have the option to get on a flight any time soon. For one thing, there is no one to look after the kids and pets while I'm away, and, due to covid, I would have to quarantine for 14 days in Thailand, and potentially again on my return. 

 

I have spoken to a Thai lawyer and they basically advised the same as you - she can transfer the title of the properties to the children - for this we need to get the kids' signatures on some document witnessed at the Thai Consulate here (which is actually closed due to covid at the moment, so that's something else), and they also advised that she should make a will. 

[kokesaat]

For less than 10,000 Baht an English speaking lawyer came to our home outside of Udon, took all the information for a will and returned a few days later and had my wife sign the completed will.  In it, she leaves everything to me, and our daughter who is not a Thai citizen (we never got it for her as she was born while we lived in Taiwan) if I die before our daughter.  As explained to us, I (US citizen) or my daughter (also US) would have one year to deal with the land issue as we are not Thai citizens.  There are many avenues to deal with this, but you've got a year to get it done.

Good luck.

[donx]

23 hours ago, kokesaat said:

For less than 10,000 Baht an English speaking lawyer came to our home outside of Udon, took all the information for a will and returned a few days later and had my wife sign the completed will.  In it, she leaves everything to me, and our daughter who is not a Thai citizen (we never got it for her as she was born while we lived in Taiwan) if I die before our daughter.  As explained to us, I (US citizen) or my daughter (also US) would have one year to deal with the land issue as we are not Thai citizens.  There are many avenues to deal with this, but you've got a year to get it done.

Good luck.

Since your wife is Thai, your daughter has a right to receive Thai citizenship. All of my children were born in the US but they all have Thai birth certificates (all processed while in the US) and Thai passports. My daughters also have Thai ID cards. My son has an expired Thai passport and no Thai ID because my wife doesn't want him to register for the Thai military draft.

 

If you don't think it is worth the effort for the land that would be inherited then I can understand not getting Thai citizenship for your daughter. I know that I had to relinquish the US birth certificates as part of the process. However, it was easy for me to obtain certified copies so effectively they all have both US and Thai birth certificates.