Protecting Future Inheritance

[bangkokburning]

A. What sort of claim could a Thai national married to US national place on an inheritance of a US national if ...

1. she was married to a US national at the time the inheritance was acquired AND was living in Thailand.

2. the assets were never mixed, never communal and always held in separate accounts outside Thailand.

Are assets located outside Thailand considered in divorce proceedings within Thailand, assuming they can be located of course.

I am under the distinct impression that even between US/US citizens that as long as assets are not mixed that spousal claims are invalid. **

While the US would recognize a registered marriage in Thailand, how would a marriage not registered in the US play a factor if any (in the US)? Could divorce and/or settlement proceedings even take place in the US if she is not a green card holder and we did not marry in the USA?

Sunbelt: All MARITAL property. Inheritance is not such.

For couples who do not make a prenuptial agreement Thai law stipulates that all marital property or sin somros will be divided equally on divorce.

http://www.sunbeltlegaladvisors.com/Thailand-pre-nuptial-agreement.php

Thaiwillonline: Does address in contract a number of issues including "by will"

http://www.thailawonline.com/en/thai-laws/free-contracts-and-documents/395-sample-of-thai-prenuptial-agreement.html

thanks -

Edited November 25, 2011 by bangkokburning

[venturalaw]

Rules regarding inheritance and assets claimed via a dissolution are completely different topics and is primarily dealt with via State law. Therefore what State is/was the State of residency of the U.S. citizen, and is he deceased or involved in a dissolution?

[fletchsmile]

In general, under Thai law property acquired during the marriage is deemed as "common property" with both parties having entitlement to it in the absence of any agreements otherwise. Lucky for you, inheritance/will is one of the exceptions, and is deemed "personal property", so is the property of that particular spouse alone.

[Mario2008]

That the marriage is not registred in the US is not relevant, the only relevant thing is that there is a legal marriage which is recognized by the US.

Another question is where the spouses are living, in Thailand or the US and if in the US in which state as marriage and divorce are regulated by state law.

[bangkokburning]

Thanks to all of you for your input.

VL/Mario: Indeed, in the US - probate, wills, inheritance all state affairs. Perhaps this is better stated:

If married and living in Thailand. What ability if any would a Thai have access to US courts in attempting to obtain assets? Married in Thailand, marriage not registered, no green card. Would anyone know if she would even have a legal right to file in US court?

FS: OK, so inheritance by will is deemed in Thailand to be "personal property"- good news!

Anyone??? Do all assets (land, autos, cash, equities, bonds and dungeon accessories) become common property on marriage? OR...as in most US states, what is commonly held is: 1) acquired only after the marriage is confirmed (2) Not communally mixed.

So, my car is mine and her scooter is hers. My 100k shares of Apple are mine but the dividends are OURS.

I presume there cannot be any claim made on pensions private or public under Thai law. She could not possibly make a claim on my SS checks - correct?

[Mario2008]

What do you eman with marriage not registered? Under Thai law only a marriage registered at the amphur is a legal marriage, recognized by other countries. Registering it with your embassy or such (which is not possible in the case of the US as it is state law and federal) has no meaning other than making it easier to proof the marriage. If you don't register your marriage at the amphur, you are simply not married.

Thai law only gives a spouse upon divorce half of what was aquired during the marriage (which inlcudes debts). All one had before is left out of the settlement. That is different if there is a prenuptial agreement, that that agreement goes first. There is no wife support, only child support under Thai law.

For a US court to rule, that court must have jurisdiction. Normally that means that at least one of the spouses must be a resident of that state. But regarding US law, venturalaw can advise you much better than me.

[bangkokburning]

Thanks for staying with this Mario. I will not belabor the issue.

If we were married in Thailand but the marriage was later registered our US (not that I would do this) state of residence. For a US ruling, I would be in this case the person resident.

It's looking more and more as if I will have to return for a few to a few too many years to care for my elderly parents. So I may be resident. If we return to Thailand and my tax status changes, I guess I would then NOT be a resident. For all intents and purposes I have not been residing in US for decades.

So I guess I have very much complicated my question by adding the US/State to the mix here. Apologies, curious.

OK - thanks Mario. Thanks all.