Legal Inheritance

[mdechgan]

Do any of you have any idea on legal inheritance?

I have two questions:

1) Lets say a father owns 50% of a house, title deed. 50% is with his eldest son. What happens after he dies? He has a wife and another 3 children (4 total). Does the father's 50% get split up between everyone or transfers to the wife?

2) Another question. Lets say this other guy has a house. But he has 4 children, 2 legally and 2 with a secondary "mia noi." How is this split up? legal wife still alive.

Edited October 20, 2008 by mdechgan

[WilliamJarvis]

Rather depends on whether the person has a will or not.

[mdechgan]

Rather depends on whether the person has a will or not.

No will.

[mdechgan]

Another question. Let say two people own a property.

60-40. Can the 60% guy sell the property because he has a majority? Or does it have to be a total majority. All parties must agree to sell?

[JohnC]

consult a lawyer, most answers on here will be gueswork. I understand most expats club have a free legal advice lawyer at their clubs.

[WilliamJarvis]

Rather depends on whether the person has a will or not.

No will.

Read Succession - sections 1599 through 1619, inclusive, of the Civil and Commercial Code

http://www.samuiforsale.com/Civil_Code_text_English_I.htm

[mdechgan]

What about co ownership?

Section 1361.

Each co-owner may dispose of, mortgage, or create a charge on, his share.

The property itself may be disposed of, pledged, mortgaged or made

subject to a charge only with the consent of all the co-owners.

However, if a co-owner has disposed of, pledged, mortgaged or

created a charge on, the property without the consent of all the

other co-owners, and he subsequently becomes the sole owner of it,

such act shall become valid.

I don't understand this sentence.

So if two owners 1, 51% another 49%. If one decides to sell the property without the other owner's consent.

The sale is valid? Does he have to pay the other owner a portion of the sale?