Death And Real Estate

[klons]

My wife a dual U.S./ Thai citizen bought a house in Bangkok. I signed the paper at closing stating it was her money (which was true) and I had no financial interest (U.S. citizen). Our main concern is in the event of her death, keeping the house out of the mitts of her sisters & brothers (Thai), who are rats and scoundrels. We are aware we can go to the local bureau of records and she can make a will. My question is who can be named as heirs in the will? She has 3 adult offspring. One was born a Thai in Bangkok but moved to the U.S. at an early age, became a citizen and has no Thai ID card. The other 2 were born U.S. citizens. Would anyone have any advice aside from going to see a lawyer? Thanks. Also feel free to give me a proper scolding if this question has been answered many times already. Thanks again.

[Mario2008]

The fact that someone hasn't got an ID is irrelevant, so is the fact that someone is born in the US and not Thailand.

Under the Thai nationality law one is Thai when one of the parents is Thai at the time of birth. An ID only shows ones identity and nationality, but doesn't make someone THai. All 3 can apply for a Thai passport to proof their nationality.

[chiangmaibruce]

OK, I think you are asking the wrong question. Anyone can be an heir in the Will. What I think you are saying is who can retain ownership of the house (if it was left to them in the Will).

First, yes, go ahead and organise a valid Thai Will asap. Most Thai law firms have relevant info in their web sites and/or do search of fora like thaivisa using search words "Thai Will" to get further info. Otherwise her family will get a part of the action.

Property can be left to a non-Thai but must be disposed of in 12 months (to a Thai citizen) unless Ministerial approval sought and granted. So presumably if her family were all eligible for a Thai passport she could leave it to any or all of them.

[klons]

Thanks for the info, I feel much better now

[Arkady]

Can be left to you as a statutary heir since you are legally married and the estate which will be a Thai legal entity would have a year to dispose of the land because you can't transfer it to your own name as a foreigner. A Thai will would make things easier and, as you say, you can register it with the district office which makes it easier still, although this is not a legal requirement. See these website among others. http://www.samuiforsale.com/Inheritance.html