Non-Thai Citizen Child Inherits Thai Mom's House

[Mekong Bob]

Can a non-Thai citizen inherit her Thai mother's house in Thailand?

Thai mother specifies in her will that, upon her death, the house & land be passed to her daughter.

I'm told that this can be done, but non-Thai citizen must sell the house & land within one year's time. True?

[sbk]

If she is the birth mother of the child (and was a Thai citizen at the time of birth) and is listed as such on the child's birth certificate then the child is a Thai citizen and need only apply for an ID card. And she can then inherit fully.

[Mario2008]

Per above, the child is Thai if the mother was Thai at the time of birth of the child and a child can inherit.

Land owned by a minor is under protection of the courts, meaning the legal guardian of the child must obtain prior permission from the court to do such things as sell or take out a loan against the land.

[Mekong Bob]

Per above, the child is Thai if the mother was Thai at the time of birth of the child and a child can inherit.

Land owned by a minor is under protection of the courts, meaning the legal guardian of the child must obtain prior permission from the court to do such things as sell or take out a loan against the land.

The daughter's Thai citizenship remains unverified - she was born in 1980 (during period of Thai Military Order 337).

Can the Thai Mom pass ownership to her U.S. citizen husband? If so, is he required to see it within a year?

[Mario2008]

The nationality of your daughter is recorded on her birth certificate. If she is not listed on there as a Thai, she can apply for Thai citizenship relatively easy as her mother is Thai. (I presume the daughter was born in Thailand, otherwise the birth must be reported to the Thai embassy of the country where she was born).

The foreign husband can inherit the land, but as said must sell it within 1 year. Another option is to give the land to the daughter, with a usefruct for the father attached.

[rayongchelsea]

Gift the property to the daughter..I did no problems.

In terms of must sell within one year. They are ways to delay this by extending as long as possible the settlement of the estate..

Just make sure your wife has a will. People focus on the farang having a will, arguably it is more important that the Thai wife has a will.

I was surprised at the inheritance rules in probate ( no will)..

[musiclover]

Gift the property to the daughter..I did no problems.

In terms of must sell within one year. They are ways to delay this by extending as long as possible the settlement of the estate..

Just make sure your wife has a will. People focus on the farang having a will, arguably it is more important that the Thai wife has a will.

I was surprised at the inheritance rules in probate ( no will)..

What surprised you?

Where is law stating must sell within one year....lots on Thaivisa but nothing in law .......?!

[ThaidDown]

^ ref the 'sell within 1 year',

The inheritance is covered by section 93 of the land code act, ministerial permission is, however, required for it to take effect, never heard of it being granted, therefore land has to be sold 'within a reasonable time'. Appears 1 year is accepted as reasonable.

I posted this link on another thread recently, also applicable here. http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

[rayongchelsea]

I was referring the those who inherit, not about the one year rule, as stated this is not explicitly stated in law as far as I know, but seemed to be the accepted " rule".

How many guys out there with wives, no will, maybe no children, understand that her parents will have rights to the property equal as the husband!! If she were to die suddenly. In fact if she has 2 surviving parents then they have a larger claim than the husband, who then could lose the house having just lost his wife..reality bits here just like everywhere else, sometimes I think foreigners are too ignorant of the consequences.

Edited May 9, 2013 by rayongchelsea

[kotsak]

I was referring the those who inherit, not about the one year rule, as stated this is not explicitly stated in law as far as I know, but seemed to be the accepted " rule".

How many guys out there with wives, no will, maybe no children, understand that her parents will have rights to the property equal as the husband!! If she were to die suddenly. In fact if she has 2 surviving parents then they have a larger claim than the husband, who then could lose the house having just lost his wife..reality bits here just like everywhere else, sometimes I think foreigners are too ignorant of the consequences.

Indeed, the spouse is at the bottom of the list.. Even uncles and aunts precede him/her

I had just posted the list on another thread.. http://www.thaivisa.com/forum/topic/638130-chanote-joint-ownership-possible/?p=6383923

Edited May 9, 2013 by kotsak

[AnotherOneAmerican]

I was referring the those who inherit, not about the one year rule, as stated this is not explicitly stated in law as far as I know, but seemed to be the accepted " rule".

How many guys out there with wives, no will, maybe no children, understand that her parents will have rights to the property equal as the husband!! If she were to die suddenly. In fact if she has 2 surviving parents then they have a larger claim than the husband, who then could lose the house having just lost his wife..reality bits here just like everywhere else, sometimes I think foreigners are too ignorant of the consequences.

Husband always gets 50%, unless will states different. 2 parents can't get a larger claim.

Nobody gets more right than the husband (nationality of husband not important).

Edited May 9, 2013 by AnotherOneAmerican

[rayongchelsea]

I may have misunderstood this. I will check back. On my wife's death, the house was split between myself the existing single parent of my wife and my daughter. I assumed that the split was 1/3rd each. Each gifted the property to the child.

If you are correct thanks for that, because I always thought it was somewhat unfair and contrary to what a fair law should be for the injured party, and the more facts people understand the better, forums can be useful.

[hanuman2543]

If the house was sin somros of the couple, the husband will get 75% ( his 50% and 50 percent of the wife's 50%). See CCC, Section 1620 and 1625

[AnotherOneAmerican]

I may have misunderstood this. I will check back. On my wife's death, the house was split between myself the existing single parent of my wife and my daughter. I assumed that the split was 1/3rd each. Each gifted the property to the child.

If you are correct thanks for that, because I always thought it was somewhat unfair and contrary to what a fair law should be for the injured party, and the more facts people understand the better, forums can be useful.

50% for spouse

50% divided between next closest level of surviving relatives.

In your case (no will), your wife's surviving parent was entitled to nothing (they would have got a share if no daughter).

If your kids get a share, no compulsion to sell your share (as a foreigner) until kids 20, maybe even not then.

Edited May 9, 2013 by AnotherOneAmerican

[rayongchelsea]

Ok. Now I am truly confused..I had to go to court and be confirmed as the executor of the estate. It was made quite clear to me by my lawyer that the surviving parent was entitled to a share, we even went to the land department both of us signed over the property. Granted I wasn't in the best place then and may have mis understood.

Also a young farang friend of mine passed away suddenly without a will. His parents got his condo 50:50. His sisters none, all foreigners.

Just make sure you get a will..I am evidence of the confusion that abounds

[AnotherOneAmerican]

It's very dangerous to sign things without understanding what they say.

Unfortunately in Thailand, you generally can't trust lawyers.

On any documents you must get a translation, then a second translation with no contact between the two.

[rayongchelsea]

I have known my lawyer for years, it went to my daughter anyway..so I am just wondering why it went that way..I guess the lawyer really didn't know family law..

But I appreciate this discussion as it will help others.

You are right however, the docs should have been translated in to English..so I could go back and read them..no point now.

[AnotherOneAmerican]

I have known my lawyer for years, it went to my daughter anyway..so I am just wondering why it went that way..I guess the lawyer really didn't know family law..

But I appreciate this discussion as it will help others.

You are right however, the docs should have been translated in to English..so I could go back and read them..no point now.

Presumably your name was entered on page 1 of the Blue tabian baan (house book) as Jow Ban (person in charge of the household).

(Or you may have a Yellow house book with "Jow Baan" next to your name, and no "Jow Baan" in the blue house book)

Or does someone else now have control over who resides in the house?

Here is the first double page of a house book

Your name should be "Name person 1" in Thai script , your ID number would be blank or Passport number, beside the number "Jow Baan" in Thai.

If anyone else has "Jow Baan" beside their name, it has all gone horribly wrong, as they have been given control of who lives in the house.

On the next page should be your daughters name, ID number, with you and your wife names entered below.

Edited May 9, 2013 by AnotherOneAmerican

[AnotherOneAmerican]

Oh, my information is given in the assumption that you were married to your wife in an Amphur Office.

Many foreigners assume a village wedding counts for something, which of course it doesn't, and gives them no rights either to inherit or be father of the child.

If you weren't officially married then, Parent of woman and child of woman could get 50/50 split of house.

You wouldn't appear in any house book as parent of woman would be guardian of child, nothing to do with you.

Which could explain your confusion and what the lawyer did.

Edited May 9, 2013 by AnotherOneAmerican