Do You Know What To Do If Your Wife Dies Before You?

[billd766]

I am 68, my wife is 47 and our son is 8.

We live on 14 rai of her land in her house and she has more land elsewhere.

There have been threads running about what your wife needs to do when you die, and can your wife get a pension when you die etc.

I have prepared a hard copy and a computer file for her on who she has to talk to, contact, emails, phone numbers etc and what to do and have a farang friend or two to help her out.

The wills are made and ready to go to where?

I have just thought over the last couple of days or so, what do I need to do if she dies first?

Who do I talk to, contact etc.

My Thai is limited and most of her family don't speak English which is going to be a problem.

When I die it is reported to the local police who, if there is no evidence of wrongdoing pass it to the hospital who issue a death certificate and the police are supposed to notify the embassy also.

However out in the rural area where I live very few policemen speak English so that is not much use.

Has anybody gone through this scenario and would be willing to share information on a general basis?

Would it be worth pinning the topic along with what to do when a farang dies?

I am looking forwards to sensible replies only please.

[Chittychangchang]

Good idea Bill, some more knowledable and experienced posters will no doubt be along shortly.

[Geekfreaklover]

I'm sure Mario can hep out.

If I were worried about this then I would see a lawyer who speaks both Thai and English. File both your wills. Have the lawyer make sure they are understood by you both. You should inherit the land etc if she were to pass away first.

[jcgodber]

I am not all that smart but as I understand. If a farang outlives his Thai wife he has one year to sell his home. Since you have a son you should have a will from your wife leaving all her land and possessions to him, that way you could remain in the home and Thailand.

As we all know farangs can't own land. The land being passed down to the Thai son will solve the problem.

Edited October 18, 2012 by jcgodber

[ThailandBert]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

[stoneyboy]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

It's not Tom Jones.(UNUSUAL)

Edited October 18, 2012 by stoneyboy

[sketcher]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

Not really

Sent from my GT-P7500 using Thaivisa Connect App

[robblok]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

I think i speak ok Thai for normal conversations, but sometimes im totally lost so its not a strange thing to say someones Thai is limited. Holding conversation is one thing, aranging a funeral is something else.

I am lucky that my wife has many friends who are my friends to who speak good English. But in our case there is a good probability i survive her. There is only 9 years between us and im taking much better care of my health as her.

And after an accident we had, i really stared to think about it. Just make a will at the ampur else relatives might try to get their hands on your stuff. Other then that ill just contact friends to help me with the translations.

As for the land and house, i will just sell it to a close Thai girl i know (ex stepdaughter residing in my home country that i trust completely) I will keep living here for sure.

[Beetlejuice]

And here is a sensible rely.

Firstly, I don`t know who’s money was used to purchase the land and property? But never mind. I’m guessing that most of it was you’re money, so be careful of that as these things have a habit of coming back and smacking in the face in the case of any legal disputes in the future.

If you have no intentions of selling the real estate for the purposes of making a profit later on and the land is in your wife’s name, not any third parties, than while your wife, that is if you are officially married, is still living, should visit the land office and place all your her real estate into the name of your Thai son. This will save you the stress that in the event of the death of your spouse, having to fight off her ever-caring family from grabbing the real estate, plus stops anyone from being able to evict you from the property.

To save problems in the event that either one of you die, place all your bank accounts into joint names with your wife, that is if you trust your wife of course?

Real estate in child’s name, money in joint names, that’s all you need to do for peace of mind. If everything is above board and all done according to Thai law, no problem.

[billd766]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

Not unusual at all.

Thai is a tonal language so for people whu have limited hearing learning Thai is difficult. When I speal Thai what I say may not be what the Thai person I spoke to actually heard.

So for all you younger people who have perfect hearing and pitch I assume that you all speak perfect Thai and can read and write it too.

ThailandBert with all your Thai language skills could you sort all this out and talk to all the legal people, lawyers, police, family etc in Thai and understand everything without a word of English being spoken?

I did ask for sensible replies in my opening post but perhaps you didn't read that bit though it was in English.

Edited October 18, 2012 by billd766

[robblok]

@beetle juice,

Your wrong, in case of divorce then yes it counts who's money was used.(other rules then its all about how much was accumulated during the marriage and that is being split)

But in case of death it really does not matter anything because it will go to the surviving husband. Not to inlaws its just part of the estate. (if there are no kids)

You always seem to come here with your holier then holy attitude but please get your facts straight next time.

[billd766]

I am not all that smart but as I understand. If a farang outlives his Thai wife he has one year to sell his home. Since you have a son you should have a will from your wife leaving all her land and possessions to him, that way you could remain in the home and Thailand.

As we all know farangs can't own land. The land being passed down to the Thai son will solve the problem.

It is well known that farangs cannot own land nor the house that is on it but in my wife's will I am named both as the father as on his birth certificate and as his guardian until he is of legal age and while the land and property is in his name I don't have to worry about that.

And here is a sensible rely.

Firstly, I don`t know who’s money was used to purchase the land and property? But never mind. I’m guessing that most of it was you’re money, so be careful of that as these things have a habit of coming back and smacking in the face in the case of any legal disputes in the future.

If you have no intentions of selling the real estate for the purposes of making a profit later on and the land is in your wife’s name, not any third parties, than while your wife, that is if you are officially married, is still living, should visit the land office and place all your her real estate into the name of your Thai son. This will save you the stress that in the event of the death of your spouse, having to fight off her ever-caring family from grabbing the real estate, plus stops anyone from being able to evict you from the property.

To save problems in the event that either one of you die, place all your bank accounts into joint names with your wife, that is if you trust your wife of course?

Real estate in child’s name, money in joint names, that’s all you need to do for peace of mind. If everything is above board and all done according to Thai law, no problem.

Joint bank accounts for a few years now and my pensions go straight into there. No banks or property in the UK either.

Officaly married in the UK and and MFA certified translations to prove it.

No problems with her family and her Mother lives in a small house where we live.

[ThailandBert]

This is the Norm ? 8 years of living with a Thai wife in Thailand with a child and the best you can manage is limited ?

I didn't realise just how special I am then.

Thanks

[transam]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

WHY, l failed English in UK and l am English. WHY should l be able to speak Thai/Lao after many years ?. I cannot.

BUT, i can tune your E-Type, l can rebuild an engine, l can make things from metal on a lathe, rebuild a carb, can race drag cars. Can you. ?

Perhaps you can after years, but l know guys who cannot after years.

Horses for courses eh.

Edited October 18, 2012 by transam

[billd766]

The main question really is how do you report your wifes death and who to report it too on the legal side.

We have Thai friends who speak English so they can go through her mobile numbers.

Normally out here in the sticks for a funeral there is a lying in view for several days, a party, drinks, food, music etc plus the cremation at the wat etc and this is the sort of info I want to find out.

[Geekfreaklover]

One more thing I just thought of. If you are on a non-o marriage visa, and your wife dies, would you have to leave the country and return on a entry stamp. Then apply for a dependant visa, using your son?

Not sure, however if you have a retirement visa, that this is neccersary.

[simple1]

OP: I recently went through the following process with the local Amphur in Chon Buri. Your Wills need to be signed and witnessed at your Amphur. The Amphur keeps the originals and you are issued receipts. The executor of your Wills need to know how to access the Amphur receipts for your Wills. I assume you have your Wills in English and translated into Thai and notarised or vice versa. The fee at the Amphur will not be much.

EDIT: As you have a son I assume your Will makes the necessary provisions in the unlikely event you and your wife die at the same time e.g. car accident

[Beetlejuice]

One more thing I just thought of. If you are on a non-o marriage visa, and your wife dies, would you have to leave the country and return on a entry stamp. Then apply for a dependant visa, using your son?

Not sure, however if you have a retirement visa, that this is neccersary.

The OP is 68 years old.

If he is presently on an non immigrant O visa on the grounds of married to a Thai, than all he has to do is change his status to retirement within 7 days after his wife`s death at the Immigration department, providing he has the funds and meets the retirement requirements of the Immigration department.

[Beetlejuice]

@beetle juice,

Your wrong, in case of divorce then yes it counts who's money was used.(other rules then its all about how much was accumulated during the marriage and that is being split)

But in case of death it really does not matter anything because it will go to the surviving husband. Not to inlaws its just part of the estate. (if there are no kids)

You always seem to come here with your holier then holy attitude but please get your facts straight next time.

Read my post again. I am referring directly to the OP who claims to have a child and he makes no mention of a divorce.

Edited October 18, 2012 by Beetlejuice

[TommoPhysicist]

The main question really is how do you report your wifes death and who to report it too on the legal side.

We have Thai friends who speak English so they can go through her mobile numbers.

Normally out here in the sticks for a funeral there is a lying in view for several days, a party, drinks, food, music etc plus the cremation at the wat etc and this is the sort of info I want to find out.

I assume the kid can speak Thai and English, so where is the problem?

[taninthai]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

It's not Tom Jones.(UNUSUAL)

Correct but being 68 and havin a 8 year old kid is definitely unusual and well I don't want to get banned now do I..........so I will leave it at that

Edited October 18, 2012 by taninthai

[robblok]

@beetle juice,

Your wrong, in case of divorce then yes it counts who's money was used.(other rules then its all about how much was accumulated during the marriage and that is being split)

But in case of death it really does not matter anything because it will go to the surviving husband. Not to inlaws its just part of the estate. (if there are no kids)

You always seem to come here with your holier then holy attitude but please get your facts straight next time.

Read my post again. I am referring directly to the OP who claims to have a child and he makes no mention of a divorce.

I am talking about the part where you (like always) talk about who paid for the house and land. Then i said only in case of a divorce will this bite you in the ass.

In case of her dying the house and land is automatically part of the estate and goes to the husband (or child) Not to inlaws.

Your whole reference to what money was uses is pointless but just something you love to bring up. Seen it many times said by you that was why i mentioned it.

[kurnell]

This is the Norm ? 8 years of living with a Thai wife in Thailand with a child and the best you can manage is limited ?

I didn't realise just how special I am then.

Thanks

Go away

[Naam]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

scary is that some people think it is mandatory for a Farang to converse with wife and children in Thai. moreover, i doubt that many foreigners master Thai to an extent that they can discuss legal matters which require knowledge and comprehension of legal diction. the latter is even quite difficult to master in one's mother tongue.

next irrelevant comment please!

[Naam]

The thing that stands out in this post is he is married and has has an 8 year old son and yet his Thai is limited ?

Scary indeed

WHY, l failed English in UK and l am English. WHY should l be able to speak Thai/Lao after many years ?. I cannot.

BUT, i can tune your E-Type, l can rebuild an engine, l can make things from metal on a lathe, rebuild a carb, can race drag cars. Can you. ?

Perhaps you can after years, but l know guys who cannot after years.

Horses for courses eh.

i have strong doubts that he owns an E-Type and i bet my [not so] sweet butt that you are not interested to tune his Honda Wave.

[Geekfreaklover]

I love the way these threads derail....into...bickering...

[geriatrickid]

Now is the time for you sit down with a competent legal counsel and undertake estate planning. You may wish to consider the structuring of a "trust fund" for your son where the wills specify that assets are put into trust on behalf of the son. The important condition is that the trusts are untouchable except under specified circumstances such as serious illness or legitimate needs such as paying for an education etc. I am very much in favour of slow payouts to the son once he reaches milestones. E.g. 10% at age 18, 25% at 21, more at 25, then 30, even holding back some until he is 40. Too much money at one time can cause problems. The biggest concern should be protection from a relative's squandering of the son's inheritance.

Now, I know you asked about your wife. Well, the aforementioned also deals with that. Whenever someone dies, it is almost assured that there is a relative that pops up looking for easy money. It's like that all over the world. These people take advantage of the grieving spouse and family and the lack of estate planning. They can't do much if the assets are already spoken for. You also have to deal with a topic that you may find insulting, and I apologize beforehand, because I do not mean to be rude, but some family member may claim you are unfit to be a guardian. Let's say, your spouse dies when you are 75 and your son is 15. If you are in ill health some relative may try to assume guardianship, so you need to spell out what happens if you become incapcitated if you are the sole remaining parent. Same for your spouse should she survive you.

There are many people in the same situation as you and they have dealt with it. It all comes down to planning. There are reputable legal firms in Thailand that do not rip people off, especially if the clients have taken steps to make sure the process is clear and ironclad. Start by meeting with an experienced competent legal firm in the nearest big city. The law firm will walk you through the process, and help structure what needs to be done. Once the planning is done, it also has to be reviewed regularly to ensure that it still reflects the situation and the circumstances.

In this regard, I speak from experience with my own family estate. My father has taken steps to ensure that there can be no bickering, no inappropiate actions and in the case of some siblings, no idiotic squandering. My father is still alive but has thought long term. It certainly has made things easier as there will be no fights over the estate when he dies.

Edited October 18, 2012 by geriatrickid

[Beetlejuice]

@beetle juice,

Your wrong, in case of divorce then yes it counts who's money was used.(other rules then its all about how much was accumulated during the marriage and that is being split)

But in case of death it really does not matter anything because it will go to the surviving husband. Not to inlaws its just part of the estate. (if there are no kids)

You always seem to come here with your holier then holy attitude but please get your facts straight next time.

Read my post again. I am referring directly to the OP who claims to have a child and he makes no mention of a divorce.

I am talking about the part where you (like always) talk about who paid for the house and land. Then i said only in case of a divorce will this bite you in the ass.

In case of her dying the house and land is automatically part of the estate and goes to the husband (or child) Not to inlaws.

Your whole reference to what money was uses is pointless but just something you love to bring up. Seen it many times said by you that was why i mentioned it.

The legalities can play a major role in the outcome of these cases, this is why I mentioned about who paid for the house and land and only making the OP aware and advising him to be cautious. No nastiness intended.

Yes, I do mention the legal aspects of cases quite often in my posts, mostly as advisory and should not be of concern to those who abide by the laws. Again I suggest that you read my first post on this thread, word for word.

Edited October 18, 2012 by Beetlejuice

[trainman34014]

One more thing I just thought of. If you are on a non-o marriage visa, and your wife dies, would you have to leave the country and return on a entry stamp. Then apply for a dependant visa, using your son?

Not sure, however if you have a retirement visa, that this is neccersary.

The OP is 68 years old.

If he is presently on an non immigrant O visa on the grounds of married to a Thai, than all he has to do is change his status to retirement within 7 days after his wife`s death at the Immigration department, providing he has the funds and meets the retirement requirements of the Immigration department.

From a strictly legal point of view this is correct. However; I know someone who suffered the loss of his wife which effectively cancelled his marriage extension, but he didn't know the correct procedure and on the normal annual expiry date he simply changed over to a Retirement Visa. Nobody asked any questions because nobody at Immigration knew anything. He owned up to what had happened but they smiled and said they were sorry for his loss and just continued with his new visa. Compassion does exist in Thailand.

[robblok]

@beetle juice,

Your wrong, in case of divorce then yes it counts who's money was used.(other rules then its all about how much was accumulated during the marriage and that is being split)

But in case of death it really does not matter anything because it will go to the surviving husband. Not to inlaws its just part of the estate. (if there are no kids)

You always seem to come here with your holier then holy attitude but please get your facts straight next time.

Read my post again. I am referring directly to the OP who claims to have a child and he makes no mention of a divorce.

I am talking about the part where you (like always) talk about who paid for the house and land. Then i said only in case of a divorce will this bite you in the ass.

In case of her dying the house and land is automatically part of the estate and goes to the husband (or child) Not to inlaws.

Your whole reference to what money was uses is pointless but just something you love to bring up. Seen it many times said by you that was why i mentioned it.

The legalities can play a major role in the outcome of these cases, this is why I mentioned about who paid for the house and land and only making the OP aware and advising him to be cautious. No nastiness intended.

Yes, I do mention the legal aspects of cases quite often in my posts, mostly as advisory and should not be of concern to those who abide by the laws. Again I suggest that you read my first post on this thread, word for word.

Please tell me how him having paid for the house could affect anything if his wife dies. He or his son will still get the estate.

Problems start when you pay for a house and you divorce (as you signed away your rights at the land office) Sometimes though a judge favors you and you get your money back. It is known to happen.

I am only pointing out that in this case your reference about paying for the house has no relevance.

Your point on the visa is really valid. Real good point that would be a problem in my case as i have no kids with my wife plus im too young to retire. So then i have to find some other ways.. study visa / business visa ect. So you do give out good information sometimes. Just got bored of your reference to farangs who pay for houses (not in my case)