My american husband died what can/should i do?

[metisdead]

Another troll post has been removed.

[dennisgb45]

If he was a military veteran that served in a war zone, she may be entitled to a pension. Contact the VFW Post in Thailand closest to where she lives. Google it. Then contact the Service Officer in that website.

[4u2mad]

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

Of course due to the recently enacted resiprosity laws, any land he held in the USA will have to be sold in 180 days as a Thai can't own land in the USA

She would also be deported as her sponser had the audacity to die on her, as per Denmark's draconian laws

Seriously,

First she needs a copy of the will, there is a condition, in the UK, that the wife and children have to be adequately provided for, by law

Having gone through this recently with a mate dieing in the UK, With a Thai wife there on a visitors visa, taking care of him through his last days. She'd best get in any claim before the will goes to probate - not sure if this is the same in the USA.

She WILL need a lawyer acting for her in country, hope she has funds or friends enough to enable this to be done.

If his American family kick off, be prepared for a fight!

.

My condolences to your friend, I hope that it all turns out good for her.

If you are helping her, could take about a year, I wish you all the best

[bitcoinbob]

does she have a TIN number or social security number. Did he file taxes as a joint filling? would make it easier for social security because she would be in the system.

[Leung Falang]

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,

Social Security provides monthly income to children and can be significant. How old was he? Each states laws are different but in general 1/2 of their estate is hers unless he made provisions prior to marriage to keep his and her money separate, and then his portion is divided according to the will and if no will, via state law. Get a lawyer based on references from her friends.

[nithisa78]

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

Yes. If it is understood correctly. They will get the wheels in motion. Make an appointment and meet with them.

[saakura]

As he leaves behind a 5yr old child, let us assume he was still in the prime of his life and not retired in Thailand drawing a pension and died of old age. At that age most people feel invincible and very few indeed make a will.

Edit : sorry just read again, indeed there is a will. Quite sure he would have provided for the child.

Edited January 9, 2014 by saakura

[nithisa78]

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

State law, social security law, veterans law, in USA speaks very clear to all these matters. In any of the 50 states, a will does not negate, state or federal law.

I prepared a packet for my Mrs. to take to, U.S. Embassy or any groups that might represent U.S. ex-pats. in Thailand. -Condolances.

[tingtongteesood]

I believe she is entitled to whatever he bought during their time married and whatever money he has in any Thai bank accounts, Thai pension etc. I think whatever is in America is unobtainable and his family there will have to sort it out. If she has good relations with the family they may choose to give her something especially for the sake of the kid. I could be wrong, no expert...

[nithisa78]

I believe she is entitled to whatever he bought during their time married and whatever money he has in any Thai bank accounts, Thai pension etc. I think whatever is in America is unobtainable and his family there will have to sort it out. If she has good relations with the family they may choose to give her something especially for the sake of the kid. I could be wrong, no expert...

I think you don't think or have any clue what you're talking about. Correct, you are no expert.

[sirchai]

Guess the only good thing when we all have to "leave" is that we (hopefully) do not see how important our money is/was for all involved.-

[sirchai]

I believe she is entitled to whatever he bought during their time married and whatever money he has in any Thai bank accounts, Thai pension etc. I think whatever is in America is unobtainable and his family there will have to sort it out. If she has good relations with the family they may choose to give her something especially for the sake of the kid. I could be wrong, no expert...

I think you don't think or have any clue what you're talking about. Correct, you are no expert.

Nor are you.-

[wym]

Again, depends on the state.

If he made a valid will explicitly stating his wishes wrt his wife and child, that will rule, automatic "entitlements" are quite rare and relatively minor (e.g. family residence)

If no will, each state has a (different) formula.

If there is a will made prior to the marriage/birth, then they have a case to override it with the formula that applies, based on it being an oversight.

If the wife doesn't already have a green card, the child can stay but she cannot - millions of cases like this, unfortunate but true.

You will need money upfront to consult with attorneys, only if you have a (very) strong case will one take it on for a percentage.

Possible to DIY in probate, but very much a challenge and of course expensive just to get there.

Best of luck, and all those here that actually love and want to take care of their Thai family take note to MAKE A PROPER WILL!!!

[mogandave]

I am certain that unless there is an ironclad prenup, in he US, a wife cannot be disinherited in a will.

Half of estate becomes hers when he husband dies, all of it if there is no will.

[maxman71]

All of the above posts substantiate why I will never get married again; ANYWHERE. That being said, at the very least, the kid needs to be properly taken care of and the father's assets should be used for this purpose. I have a long-time TGF, and even though we're not married and we don't have kids together, I will leave her something worthwhile if I kick off and we're still together at the time. It's about doing the right thing, being responsible for your offspring and acknowledging a relationship where there has been meaningful contributions in various forms from both parties. As for the lawyers, they can go stuff themselves.

[wym]

Wrong, how many times do I have to say, it depends on the state. Obviously "community property" states are the most generous.

Most of the others will award between 1/4 and 1/2.

In Georgia, they'll only provide for one year's upkeep, and you have to sue for that.

And of course this only applies to assets that are actually going through probate - most wealthy people will have made prior arrangements, set up trusts etc that legally don't belong to them at the time of death anyway, and these are pretty untouchable if they had decent advisors.

[wym]

All of the above posts substantiate why I will never get married again; ANYWHERE. That being said, at the very least, the kid needs to be properly taken care of and the father's assets should be used for this purpose. I have a long-time TGF, and even though we're not married and we don't have kids together, I will leave her something worthwhile if I kick off and we're still together at the time. It's about doing the right thing, being responsible for your offspring and acknowledging a relationship where there has been meaningful contributions in various forms from both parties. As for the lawyers, they can go stuff themselves.

What meaning of the tense "will" do you mean?

Many guys have that intention, but don't get around to actually writing things down so that their wishes are carried out.

Lots I know here don't let their SO know about it, nor insurance, because in the back of their mind they don't want to be more valuable to her (and her family) dead than alive.

[BB1955]

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,

If this is the case and she lived with him in the USA for 5 years and has a child who is also an American she can get SOC based on the child until the child is 18 . There may be some issues there if the child was born outside the USA ...

Now when she turns 60 she can get soc as well based on her marriage ... Her green card means nothing if she has been out of the US for more than two years . But that should not matter anyway . It would be of some help if she had a copy of the will and an attorney in the USA would benefit her ...

[khaowong1]

In the US, when a spouse dies, all the different laws are very difficult to understand, SS, State laws, Fed. laws, etc and etc. If there's no will, it gets worse. Even Americans don't understand them. Find a attorney in the state your living and have them sort it out. Tell this friend, sorry for your loss.

[fish fingers]

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?

Who is the Executor? Every Will will ask a trusted person with no financial gain to be in charge of probate, and she needs to find out quickly.

Edited January 9, 2014 by fish fingers

[penwithcris]

This really is nonsense. Often persons who will be the main beneficiaries under a Will are named as Executors. Being an executor does not preclude you from receiving personal financial benefit from a Will. The job of an Executor is to ensure that the wishes of the deceased are properly carried out.

Of course Banks and solicitors are keen to act as Executors because of the extortionate fees they often charge.

I was the Executor of both my mother's and my father's estates even though I was the main beneficiary in both cases. I believe I carried out my duties with honesty and integrity and all the other beneficiaries were quite happy with the way the estates were handled

Witnesses to a Will, on the other hand, are precluded from benefitting financially from it

[wooloomooloo]

Basicly all his assets are in the US and she knows there is a will.

Knowing there is a will and knowing where a will is are two different matters.

[Beetlejuice]

Sorry but not enough details given by the OP.

Were this couple living together or separated? Were they living in Thailand or in the US? Why does the Thai wife not have a copy of the said will?

She knows there is a will, but does she know where it is and who`s holding the will?

Is there an executor of the will or trustee of the estate? If so, who is he or she? Meaning a family member, close friend or a lawyer?

Is the total value of the estate the amount that should be registered with some US Government agency, such as what is similar to probate in the UK? Does the wife have any knowledge of the value of the estate including any liquid assets (cash).

Does the wife have details of all the assets her husband owned in the States? If not, why not?

The wife`s first line of inquiry should be with whoever is holding the will or from the probate registry if it`s gone to probate, and if she does not obtain any results from that, than her only other option is to hire a lawyer in the US to make inquiries on her behalf. If she is still living in Thailand and has no plans to return to the US, it is possible to hire a US lawyer by phone or on line or to use a third party to represent her in the US.

Of course lawyers don`t come cheap. I assume her American husband had left her something, if not and she has been left destitute, than her options for making inquiries regarding the said will are going to be extremely difficult and limited, as I can assure you the US embassy will not be interest in giving assistance as to what is described as a civil or domestic matter.

My advice to the OP is, if he is concerned about his friend`s wife and wishes to assist her, is to explain to her all I have mentioned above and then try to establish the exact situation and take the appropriate actions as required to gain more information and establish where she legally stands regarding the estate of her late husband.

Wishing her good luck with this and hope she obtains a desirable outcome.

[farang000999]

I bet the farang children from his first marriage are going to be thrilled about sharing the loot with the younger Thai wife and their step-sibling.

[farang000999]

if she has access his online bank accounts she can look for checks written to law agencies which would help locate the will.

[Maestro]

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,

In what country did the husband die?

In what country does the widow currently live?

In whose possession is the will?

Whom, if anybody, does the will designate as executor?

[Bazw57]

Conatct the US consolate and get good USA legal advice ASAP and don't worry about the cost as the fees will come out of the estate anyway.

She needs to act quickly as the family in the US may have aleady started dividing the spoils and have sold or hidden any non property assets knowing that the Thai wife could come looking.

Any assets in Thailand are likely to be safe and out of reach of the USA relatives regardless of what the will says so she really has nothing to loose and everything to gain by going at this as hard and as fast as she can.

[sirineou]

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.

Since they have a child, she is entitled to a percentage of his Social Security until the children reach a certain age

This is the info found at http://www.ssa.gov/pubs/EN-05-10084.pdf

Who can get survivors benefits

based on your work?

• Your widow or widower may be able to receive full

benefits at full retirement age. The full retirement age

for survivors is age 66 for people born in 1945-1956 and

will gradually increase to age 67 for people born in 1962

or later. Reduced widow or widower benefits can be

received as early as age 60. If your surviving spouse is

disabled, benefits can begin as early as age 50. For more

information on widows, widowers and other survivors,

visit www.socialsecurity.gov/survivorplan.

• Your widow or widower can receive benefits at any age if

she or he takes care of your child who is receiving Social

Security benefits and younger than age 16 or disabled.

• Your unmarried children who are younger than age

18 (or up to age 19 if they are attending elementary or

secondary school full time) also can receive benefits.

Your children can get benefits at any age if they were

disabled before age 22 and remain disabled. Under

certain circumstances, benefits also can be paid to

your stepchildren, grandchildren, stepgrandchildren or

adopted children

[markbosenn]

here is information you need. First of all, you marriage to the American citizen HAS to be legal in the SA, meaning a marriage certificate was created. Your son, would have had to be registered as his son in the USA. Your husband could hav done that very easily by getting a passport issued in his sons name, this would have required paperwork to show that he indeed was the son. As far as the marriage, if it was legal and if there was no pre-nump....the wife whether in this country or not is entitled to his assets. If a pre-nump was written, that would overrule that scenario. The will part, if there was a will, then that will would have to be followed. Most states will acknowledge any assets before the marriage are exempt from wife priviledge, meaning, what he owned before the marriage is not pat of the marriage and therefore, not hers, unless the will says otherwise.

Social security; if the husband had registered the marriage, and also had a passport showing he had a son, the wife would get her husbands social security and would also get social security for the son until he turns 18. We are talking about approximately $3000 per month until the son turns 18, then the social security would stop. The reason, the son gets social security because the father passed away, the wife would get his social security because she would be the care-taker of his son.

What you need is passports, marriage certificate and social security number.

If he never legally married, the wife would be out his part of social security, if she can prove that the son is his, she should be able the get about $1500 per month for taking care of the child.

[donniereadit]

Hopefully, a lawyer is named to execute the will or has helped draw it up so it's not subject to "interpretation".