My american husband died what can/should i do?

[smalltalk]

I am posting this for my friend. Her American husband died recently. They had been married for more than 10 years and have a 5 year old kid. What should she do to get her share what she is entiteld to. Basicly all his assets are in the US and she knows there is a will. Nevertheless when there is money the game gets dirty and relatives greedy.

Thanks for the advise!

[Issangeorge]

Contact the US Embassy. They probably have a list of things to do.

Sent from my i-mobile IQ X using Thaivisa Connect Thailand mobile app

[seajae]

get a lawyer, as his next of kin she has legal rights as long as the marriage was registered and not just a local one. She as his wife is the one that should be able to access the will, is it in Thailand or the US, did he do it after his marriage to her or before. She should also speak to the US consulate on what her rights as his wife, they should be able to advise here or you could email tham yourself and ask what she needs to do. If it was not a legal marriage then his child still has legal rights to an inheritance.

[oogster8]

After the embassy stuff. Get a vicious american lawyer-i smell a big battle if there is lots of money involved.

If she knows he had a will but doesnt know whats in the will id be preparing the wife for the worst.................lol. not funny i know. but its real. seems like lady was left out of the LOOP regarding the guys finances.

[crazykopite]

If he was legally married in Thailand and your friend has the proper certificate then she as his wife is entitled to 50 percent of his estate and the other 50 is divided between his children. I would have thought that if they were married for 10 years here in Thailand they would have accumulated items! property over this time, however when it comes to the belongings in the USA then that could be a different story I would have thought that he would have made a will to include his present wife if not why not And that I am afraid is the million dollar question.

[Showbags]

Maybe he did not want her to have anything.

If there is a will, she will be left what he wanted her to have.

[zeichen]

"if he was legally married in Thailand and your friend has the proper certificate then she as his wife is entitled to 50 percent of his estate and the other 50 is divided between his children"

That is not necissarily true.

Also depends if there was a prenup.

I am not sure about her ability to get his social security or not. But the child might be entitled to it.

First of all, if there is a legal will, that will determine where things go. It also depends if he had a previous marriage or kids.

as others have said. Make sure that she has the legal Marriage license, and it is translated into English. Bring the Birth Certificate of the child translated into English. If the Child's birth has been registered and he/she has a US passport, it will be easier for him/her to get legal control over assets in the US.

First have her contact any living family in the US and try to get a dialog going. Then tell her to make an appointment with the US consulate. Then contact a lawyer who knows US inheritance laws.

[NancyL]

Does the wife have a copy of the Will? Does she know the Executor of the Will? Those are the questions the U.S. Embassy/Consulate will ask after they determine she is the legal wife and express their condolences for her loss.

The U.S. Embassy/Consulate can provide an English-language document that's called "Report of Death of American Citizen Abroad." This can be used as an English-language death certificate in conjunction with the Thai death certificate. The U.S. financial institutions are going to ask for this document before they agree to talk with the executor of the Will. They may not agree to talk with the wife, even with this document, if she is not named on the accounts and is not the executor of the Will.

[smalltalk]

Thanks for all your replies. Some extra info regarding the case. She is legally married in the US(10 years), has a green card . The kid has as an American passport.

Thanks,

[wym]

Inheritance law varies from one state to the next.

Generally the law specifies who gets what only if there isn't a will, otherwise up to the deceased, nothing prevents a husband from disowning his wife and/or children.

One exception might be if a child is born after the will is written, if the court sees that as an oversight they'll give the kid something.

But if he wrote a clear will recently enough that will be followed and it would be difficult to contest that if it's clear excluding anyone was intentional.

Some states make exceptions, e.g. regarding the main family home.

[Laceman1]

I would suggest that she consult an attorney in her husband's state. Some variations in Probate law by state. If there is a law school in the area, she may request assistance from the legal clinic at the school. Can use an attorney referral service and find Probate Attorney with free initial consultation.

[rijb]

Here are the rules for who owns what. http://www.nolo.com/legal-encyclopedia/separate-community-property-during-marriage-29921.html

The Will is the wild card. Does she have a copy of the Will?

[Ratsima]

How old is she?

How long did she reside in the US while she was his spouse?

If she lived in the US for at least five years while she was married to him then she might be entitled to Social Security benefits as a surviving spouse at age 60.

[kraftyhl]

The Social Security Office for Asia is in the US Embassy, Manila 63-230-12000 or email Jose Jonjie - FSP Manila <[email protected]>.He is current contact person but they come and go. Whoever is there is usually very responsive. I have had good success with them. They know everything. Don't waste your time anywhere else especially USA SSA in America. The foreign spouse does not have to have lived in USA for 5 years but it does make it a lot easier. Call Manila for the details. Good luck.

[Ratsima]

From this publication:

http://www.ssa.gov/pubs/EN-05-10137.pdf

[Ratsima]

"If you receive benefits as a dependent or survivor of a worker, special requirements may affect your right to get Social Security payments while you are outside the United States. If you are not a U.S. citizen, you must have lived in the United States for at least five years. During those five years, the family relationship on which we base benefits must have continued to exist."

For some reason this quote got cut out of my original post.

[oneday]

Thanks for all your replies. Some extra info regarding the case. She is legally married in the US(10 years), has a green card . The kid has as an American passport.

Thanks,

From my understanding, as long as they were married for more than 10 years she and certainly her child are eligible for Social Security assuming he had enough work history paying in to qualify.

It may be best if she goes back to the US and handles everything from there.

[jpinx]

Everything depends on the widow knowing what is in the will. If the husbands family are obstructive then things get very sad and messy and expensive.

[oogster8]

More non-sense. It matter not if kid is a martian. What matters is whats in the WILL. Dude is american im sure that will trump thai law if money matters were properly taken care of in usa.

SS is all well and good. But i think op wants the MILLIONS at stake!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[RPCVguy]

It is interesting how many people jumped to big problems requiring lawyers before asking/ suggesting questions.
How old was the husband when he died? Was he already collecting any benefits (SSA, Pension, etc.). The thread says the spouse has lived in the USA and has a green card. Does she intend to move back there? How old are the children? If there were benefits being collected, did the husband opt for surviving spouse option or not? And then, above and beyond that, for any estate (including accounts in the USA) was there a will?
Manilla and the US Embassy in Thailand can assist to a degree, but if benefits were already being collected without a surviving spouse option, then the family was collecting higher amounts monthly in lieu of getting something in continuation after death. WORSE (maybe) If the option was elected and the surviving spouse does not have enough time living in the USA and individual qualification for SSA, then it might be that she will need to reside in the USA so as to collect the benefits after only a few months. Children with American Passports will have benefits above what was just stated... and maybe the mother does too - based on the children
www.socialsecurity.gov/ is the main website, and Manilla will be the regional contact office.

If the husband was living in Thailand , then he has likely the 400K or 800K baht deposits or more in some account in Thailand.

[SOTIRIOS]

...who knows the full details.......hmmm.....

[oogster8]

Like i said id be preparing the widow for the worst. The husband must not have thought much of the thai lady if he didnt give her a copy of his will or directions on how to get it after his death.

[HerbalEd]

Looks like the husband did not fulfill his part of the husband/wife "take care" bargain. He should have had all his/her ducks in a row before he died. Unfortunately this is a common story ... and not just with falang husbands in Thailand.

[Suradit69]

Contact the US Embassy. They probably have a list of things to do.

Sent from my i-mobile IQ X using Thaivisa Connect Thailand mobile app

Somewhat surprisingly, at least to some people, the US Embassy does not provide laundry services, book theater tickets, recommend restaurants or provide legal advice.

LEGAL SERVICES

By regulation, we cannot provide legal advice. For general information about the Thai judicial process, see our Legal Matters page.

For questions about Thai law, we recommend that you consult a Thai attorney:

• Legal Service Providers in Chiang Mai. Includes some Thai notaries and a firm specialized in preparing U.S. tax returns.
• List of Attorneys in Bangkok, Central Thailand, Southern Thailand, and Isaan (PDF, 264 KB). Licensed Thai lawyers may appear in any court in Thailand. Therefore, even if your case is outside of Bangkok, a Bangkok-based attorney might be able to handle it.

For questions about United States law, including those about preparing legal documents that will be notarized at the Consulate, then used in the U.S., you should consult an attorney licensed to practice in the jurisdiction where you intend the document to operate. (That is, if you need a will that will be valid in Florida, you should consult a Florida attorney competent in estate matters.)

[smudger1951]

Good luck ! I hope your friend gets as much money as a farang would get if his thai wife died.

[bbbbooboo]

...ummmm.... as evidence of my desire not to exploit my marriage to an American for financial gain ...I would just walk away and look after myself like most Thais not married to an American would usually do

[penwithcris]

A Will is a public document that anyone can access from the relevant registration office

I am disappointed by the 'Thai wife' and 'kid' comments already expressed that seem to be treating the widow and child as second class citizens whose entitlement should be in some way diminished

Wills can be very complicated documents but,at least in this case, there appears to be a Will

The widow would do well to enquire of all the relevant agencies whether she is entitled to any widow's benefits or pensions as a result of her husband's death. In the UK my Thai wife would be entitled to 50% of my retirement pension and 50% of my occupational pension.

I cannot comment with any authority regarding her legal position in the US but I cannot imagine that the rules are so very different to those that pertain in the UK. A good lawyer should be able to ensure that the widow receives her full entitlement under the law regardless of any objections by other members of his, in all probability, extended family

The marriage lasted for a good length of time and the couple had a child together. I can see no reason why they should not receive the bulk of the deceased's estate. Good luck to them both. Be strong

[maccaroni man]

I will post this as I did not see any post relating to it. The OP states the child is 5 yrs old, if am not mistaken this means the child will have free education as long as he/she stays in school and medical coverage too. Check with the social security department for a full list of benefits

[metisdead]

A troll post has been removed.

[khunPer]

From my understanding from Thai lawyers, Thai Law and a possible Last Will in Thailand shall handle any assets within Thailand. US Law and any Last Will there shall cover assets in USA.

The OP’s friend will need to find out about existence of Last Will and relatives in US; the USA-embassy may be first place to contact.

I don’t know about US, but in some countries the Law limits what is possible to write in a Will, i.e. a spouse/wife and/or child/children cannot be disinherited if the Law states a minimum of 20 percent; for example to be shared equally between the children.

A Lawyer may be advisable, preferably one with knowledge to both Thai and US Law.