What Happens To The Child

[zippydedodah]

Here is my concern:

I am US citizen, living with thai wife and child, here in CM. Both wife and child have dual citizenship, with wife born in thailand and kid born in San Francisco, USA.

Now.... what happens if my wife and i suffer a tragic accident, we both die and the kid inherits the "estate". THe kid is 6 now and the $$ in question would be in USA... in excess of $1million.

So, kid is in thailand, with thai family knowing that whoever has the kid, possibly could start carving away at the $$.... even if not greedily, at least to be able to pay their living while taking care of the kid.

well, we both want the kid to go to USA to be raised, if such a terrible thing occurred. My 6 yr old has older 1/2 siblings who would raise her as their own (in fact my older kids have their own children same age as my daughter), see to proper education and do it all without needing any of the $$.

How to make sure that the child is not "held" by thai family? They could do it out of love and with good intentions, even.... but we want to make sure the kid would go to USA....

I know this seems like a lawyer issue, but i dont' know if it is as simple as a "will" being correctly written and filed in thailand and in the USA. US press recently had horror story of an American trying to get his son back after the mom died and the kid was in a foreign country. Took him YEARS to liberate the kid from the family abroad.

any suggestions of who to call? anyone had this issue themselves and how did you resolve it to your satisfaction?

thanks

PS....do not take this as a negative commentary of my thai relatives...

Edited May 7, 2010 by zippydedodah

[newbie001]

I would set up the money as a trust. I would use a lawyer here but also in the states and make sure that your Adult child in the states is declared the legal guardian. I would also make sure that your wife is 100% in agreement, which you probably have already.

Again since the money is in the US, you really need to get a lawyer their do the will.

You could also have the wife tell her wishes to her family that in case of her death the child would be raised in the US by your adult children. I think that if they got the shock after the fact it might raise resentment.

If your wife owns property here, she should also have a will here that gives direct control to your 6 year old daughter or a trusted guardian to protect said land until she is of legal age.

Good luck.

[FarangCravings]

Thats the way a trust fund you can also add addendums that money can be taken out for college education etc and then the bulk of the money released at lets say aged 30

[chiangmaibruce]

hi zippy. yes, it's a bit more complicated than the average situation. I think you would probably need a Thai will, a USA will and a trust arrangement set up in the States.

You can research the basic Will stuff yourself & then consult with a solicitor to finalise things (via Thaivisa forum searches and google searches in particular). There is a bit of info also about wills in the book mentioned here .... www.burning-bison.com

You will certainly need a US certified solicitor for the trust, and there are some thaivisa members in this category (I know at least one in chiang mai) & who may be able to provide some informal advice in this regard.

And yes, it would certainly be advisable to talk to all the relevant people now so that everyone is on the same page should the unthinkable happen sooner rather than later

[scorecard]

hi zippy. yes, it's a bit more complicated than the average situation. I think you would probably need a Thai will, a USA will and a trust arrangement set up in the States.

You can research the basic Will stuff yourself & then consult with a solicitor to finalise things (via Thaivisa forum searches and google searches in particular). There is a bit of info also about wills in the book mentioned here .... www.burning-bison.com

You will certainly need a US certified solicitor for the trust, and there are some thaivisa members in this category (I know at least one in chiang mai) & who may be able to provide some informal advice in this regard.

And yes, it would certainly be advisable to talk to all the relevant people now so that everyone is on the same page should the unthinkable happen sooner rather than later

I also have a complex but different situation, in regard to the long-term security, education etc., of my Thai grandaughter, now just 5 years old. And I know in advance that unless there is an appointed knowlegable and specific guardian then one part of the extended family will swoop on her wealth and very deliberately squander it in 5 minutes.

I'm in process of talking to lawyers and realizing that the appropriate laws are complex and that I could never write the various documents myself.

Good luck.

[zippydedodah]

hi zippy. yes, it's a bit more complicated than the average situation. I think you would probably need a Thai will, a USA will and a trust arrangement set up in the States.

You can research the basic Will stuff yourself & then consult with a solicitor to finalise things (via Thaivisa forum searches and google searches in particular). There is a bit of info also about wills in the book mentioned here .... www.burning-bison.com

You will certainly need a US certified solicitor for the trust, and there are some thaivisa members in this category (I know at least one in chiang mai) & who may be able to provide some informal advice in this regard.

And yes, it would certainly be advisable to talk to all the relevant people now so that everyone is on the same page should the unthinkable happen sooner rather than later

I also have a complex but different situation, in regard to the long-term security, education etc., of my Thai grandaughter, now just 5 years old. And I know in advance that unless there is an appointed knowlegable and specific guardian then one part of the extended family will swoop on her wealth and very deliberately squander it in 5 minutes.

I'm in process of talking to lawyers and realizing that the appropriate laws are complex and that I could never write the various documents myself.

Good luck.

Yah... it boggles my mind to think what could develop down the line. The REAL issue for me (trusts and fiscal control aside) is the physical placement of the child.... what if the thai family (even contrary to our thai will) just says, SHE STAYS HERE! That would put my American children in the position of having to battle them, from America, thru attorneys, in thai courts, to regain physical possession of the child and get her back to USA. Believe me, i am just playing out the worst case scenario in my head and don't think it would really go down that way.... but i would hate to see my young daughter victimized by my lack of planning....

[newbie001]

I think that if it truly is the wish of your wife, her family will abide by it. Also if your money is in the US the Thai inlaws cannot actually access it. So if their motivation was to take her to have access for the money it would be tough, since you will have a will in the US and a law firm controlling your assets that will only distribute the money to your legally appointed guardian, your daughter.

I really would make sure that your wife is in full support of this and let her handle her own family. I am certain that they will respect her wishes.

Be practical and proactive but don't worry too much. The likelihood of your worst case scenario is a 10,000,000 to one long shot.

Just take a few steps now. For me the issue is my living will. I really do not ever want to be kept alive on machines. However, in Thailand that is usually not done. My family here will never pull the plug, even though that is my wish. I have had to turn over my power attorney to people that I trust to do what I want because my family will not.

[zippydedodah]

I think that if it truly is the wish of your wife, her family will abide by it. Also if your money is in the US the Thai inlaws cannot actually access it. So if their motivation was to take her to have access for the money it would be tough, since you will have a will in the US and a law firm controlling your assets that will only distribute the money to your legally appointed guardian, your daughter.

I really would make sure that your wife is in full support of this and let her handle her own family. I am certain that they will respect her wishes.

Be practical and proactive but don't worry too much. The likelihood of your worst case scenario is a 10,000,000 to one long shot.

Just take a few steps now. For me the issue is my living will. I really do not ever want to be kept alive on machines. However, in Thailand that is usually not done. My family here will never pull the plug, even though that is my wish. I have had to turn over my power attorney to people that I trust to do what I want because my family will not.

i agree, it is a long shot.... and the money may not even matter to her thai family.... they may wish to keep her out of love....

I also agree with your and other comments that disclosure of our wishes to the thai family may help avoid any future problems....

as an aside, a pal of mine (US citizen) has been here a long time and was quite ill... eventually, after several surgeries, he was put on a ventilator.... power of attorney rested with a mutual friend in USA who had to make the decision - as his wife wanted him "alive" at any cost..... amazingly, in the couple of days that we were hashing out a decision, he came out of the coma and everyone is happy!

Amazing Thailand