No Lawyer Stuff Now, Layman's Input Please

[DisparateDan]

I want all the contents of my condo cleared out by a nominated individual, under the supervision of our very reliable condo management asap after my death..

I have put all this in a document.

Is this legal please ? It is not my will.

[steven100]

Just writing it on a piece of paper is not considered legal. You would need it incorporated within your will and it would require notarization by a JP or authorized persons.

Even then, your simply requesting for a certain action to take place by certain people. It can be requested but at the end of the day .... it may or may not happen exactly as you requested.

[ezzra]

If you nominate an executer it can be done.....

The job of executor is defined as the person named to distribute a deceased person's property that passes under his or her will, and arranges for the payment of debts and expenses. These duties apply even if a person dies without a will.

[DisparateDan]

Just writing it on a piece of paper is not considered legal. You would need it incorporated within your will and it would require notarization by a JP or authorized persons.

Even then, your simply requesting for a certain action to take place by certain people. It can be requested but at the end of the day .... it may or may not happen exactly as you requested.

I am simply asking that everything is taken away by a nominated person.

[NickJ]

Well your on the right track to create confusion........

[Briggsy]

Just writing it on a piece of paper is not considered legal. You would need it incorporated within your will and it would require notarization by a JP or authorized persons.

Even then, your simply requesting for a certain action to take place by certain people. It can be requested but at the end of the day .... it may or may not happen exactly as you requested.

I am simply asking that everything is taken away by a nominated person.

What you are wanting falls under the job of the executor. You seem to want the law not to apply to the physical assets of your estate stored in your condo. You seem to want to circumvent the law. Why is that? Do you foresee problems with specific people stealing the physical assets of your estate? Have you things you wish to remain hidden after your death in your condo? Do you see the granting of probate as an unnecessary hassle? Only you know the answers to these questions.

It might be better to move these assets while you are still alive.

Alternatively, as the law is often only loosely applied in Thailand, give a key to your "nominated person", inform the "very reliable" condo management or don't as you see fit and do the whole thing informally if you think it will work.

[impulse]

In case of my death, I have asked a couple of guys I work with to clean out the good stuff before the condo management even knows I'm gone. They have a key and a list of the good stuff and where it's stashed.

Regardless of how you handle the legal intricacies, I suggest also focusing on the reality that a lot can happen between your death and your executor's access to your valuables.

They can deal with the low value stuff at their leisure, but I've suggested they just open the door and put up a "For Steal" sign after the valuables have been safeguarded.

[DisparateDan]

Well your on the right track to create confusion........

The worst they could do is leave something they don't want. They can remove the doors, windows and floor tiles for all I care.

My major concern is that a child gets all his stuff.

Staggering up the stairs with the shopping, he chided me, "Dan old man, very slow".

"Well I'm am old man maybe I die soon"

"Yes, Dan die, boy cry, then I take computer and tablet to baan noi, (his mother)"

He has enough Lego to build a small house and enough rolling stock to carpet the car park, also his bicycle, scooter and swimming aids.

Don't want him to grow out of them while the law adjudicates.

[Briggsy]

OK, it is situation 1 "a specific person may steal items."

Make a will, obviously the mother of the child will not be the executor.

Ensure the "very reliable" condo management is aware of your fears that the mother will try to steal things.

Make the condo management aware of who the executor is.

Ensure mother has no means of entry to the room while executor does.

You will need to consider who will become the guardian of the child upon your death, if you are the guardian now. Ultimately they will be able to exert control over the child's possessions, because you won't be around.

[cyberfarang]

Well your on the right track to create confusion........

The worst they could do is leave something they don't want. They can remove the doors, windows and floor tiles for all I care.

My major concern is that a child gets all his stuff.

Staggering up the stairs with the shopping, he chided me, "Dan old man, very slow".

"Well I'm am old man maybe I die soon"

"Yes, Dan die, boy cry, then I take computer and tablet to baan noi, (his mother)"

He has enough Lego to build a small house and enough rolling stock to carpet the car park, also his bicycle, scooter and swimming aids.

Don't want him to grow out of them while the law adjudicates.

By the time you die your computer and tablet will probably be out of date and not even possible to give it away. Where I live the kids want all the latest gadgets and consider any IT stuff over a year old is ready for the junk yard. Old people think their lifelong processions are valuable but the reality is they are only valuable to them . When my grandparents died we had to pay someone to come and take their old possessions away.

Best to explain directly to the people you want to leave your possession to and make private arrangements with them.

[starky]

Well your on the right track to create confusion........

The worst they could do is leave something they don't want. They can remove the doors, windows and floor tiles for all I care.

My major concern is that a child gets all his stuff.

Staggering up the stairs with the shopping, he chided me, "Dan old man, very slow".

"Well I'm am old man maybe I die soon"

"Yes, Dan die, boy cry, then I take computer and tablet to baan noi, (his mother)"

He has enough Lego to build a small house and enough rolling stock to carpet the car park, also his bicycle, scooter and swimming aids.

Don't want him to grow out of them while the law adjudicates.

By the time you die your computer and tablet will probably be out of date and not even possible to give it away. Where I live the kids want all the latest gadgets and consider any IT stuff over a year old is ready for the junk yard. Old people think their lifelong processions are valuable but the reality is they are only valuable to them . When my grandparents died we had to pay someone to come and take their old possessions away.

Best to explain directly to the people you want to leave your possession to and make private arrangements with them.

Bingo this generation world wide and particulalry in Thailand has no interest in hand me downs. Your personal effects and electronic equipment only has the value you place on it which will pass with you. Unless your hoarding gold, money, jewels or a collection of fine watches, most of the shit you place any value on nobody will want. If you have valuables have a proper will in place if you dont..well it wont at matter after your final barbie mate.

[big carl]

Just writing it on a piece of paper is not considered legal. You would need it incorporated within your will and it would require notarization by a JP or authorized persons.

Even then, your simply requesting for a certain action to take place by certain people. It can be requested but at the end of the day .... it may or may not happen exactly as you requested.

I am simply asking that everything is taken away by a nominated person.

You can write any thing you want. Do it on a piece of toilet paper or get a lawyer to do it.

But as steven100 say's there is no guarantee it will be done. Best find some one you trust and talk to them personally about it. Even then there is no guarantee it will be done.

[NickJ]

Buddy died a few years back. An American in Pattaya. Next morn. Embassy shows up..locked it down even more than the RTP. Gf thai/step daughter....clothes out only.

next of. kin...in the US. .....clueless....end of story.

[NancyL]

I don't understand why the OP is adverse to writing a Final Will, nominating as Executor the person he wants to dispose of the contents of his condo. NickJ's, right, if the OP is American, the Embassy/Consulate is going to want to know who is the NOK or Executor and if that person isn't immediately known, they'll have the condo locked down while they investigate. I don't think other countries are as pro-active.

I was Executor on the Final Will of a friend who had children in the U.S. who were not beneficiaries in her Final Will. In retrospect, she should have specifically dis-inheritied them in her Final Will, because I had problems in moving forward until I received notarized statements from her children that they didn't want any of her possessions or money. Meanwhile, the management of her building had her apartment locked and would let me enter to look for documents, etc, only if they were present. I wasn't permitted to distribute her possessions until the children sent their statements and the bank had also released her accounts to me for distribution to the beneficiaries she named in her Final Will. At that point, the building management decided if Bangkok Bank thought I was OK to release funds to me, then it probably was OK for them to allow me free access to her apartment.

[DisparateDan]

Well your on the right track to create confusion........

The worst they could do is leave something they don't want. They can remove the doors, windows and floor tiles for all I care.

My major concern is that a child gets all his stuff.

Staggering up the stairs with the shopping, he chided me, "Dan old man, very slow".

"Well I'm am old man maybe I die soon"

"Yes, Dan die, boy cry, then I take computer and tablet to baan noi, (his mother)"

He has enough Lego to build a small house and enough rolling stock to carpet the car park, also his bicycle, scooter and swimming aids.

Don't want him to grow out of them while the law adjudicates.

By the time you die your computer and tablet will probably be out of date and not even possible to give it away. Where I live the kids want all the latest gadgets and consider any IT stuff over a year old is ready for the junk yard. Old people think their lifelong processions are valuable but the reality is they are only valuable to them . When my grandparents died we had to pay someone to come and take their old possessions away.

Best to explain directly to the people you want to leave your possession to and make private arrangements with them.

Bingo this generation world wide and particulalry in Thailand has no interest in hand me downs. Your personal effects and electronic equipment only has the value you place on it which will pass with you. Unless your hoarding gold, money, jewels or a collection of fine watches, most of the shit you place any value on nobody will want. If you have valuables have a proper will in place if you dont..well it wont at matter after your final barbie mate.

It is encouraging to know that no-one wants my stuff, so that when it is taken away as trash, (have you seen what is actually for sale in the flea markets?) no-one is going to law, which we know is strictly followed to the letter here, to complain that someone entered my place with their own key and cleared out all the stuff.

BTW who is responsible for safeguarding the contents of a deceased person's apartment?. Do they need to secure the foodstuffs, particularly a freezer full ?

Now that we know the police will be hunting for those who took my rubbish, are they going to return what they may recover and prosecute the taker ?.

In accordance with all the misgivings about my lawless unworkable way of passing on my valueless possesions I yesterday engaged the local abbot, a friendly law officer, condo management, four independent witnesses and the proposed taker, to record a video giving everything I owned

to the child's mother.

It was then posted on my Facebook page for perpetuity.

Also advised my trustee who will get my funds without any will, to add to my wishes that the child will always be provided with the very latest gadgetry.

He was here last week with $2000 of Lego unobtainable here, although Lego is never really dated to a child with imagination.

All I ever had was a cotton reel, the end of a bullet and a pencil, which when assembled and in water, looked like a sub conning tower, during my WWII childhood.

Of course with the pencil I could also draw the searchlights, ack ack fire and my visualisation of the Lancaster..sorry to digress.

I have no NOK, but the family tree using the surname given to me led me to a family tree going back to 700 AD..a Scottish king no less, my reading of the Thai Succession Law implies that I need elements of a family tree.

[Briggsy]

Disparate Dan

Lots of suggestions here to help you.

But you seem to have sorted out yourself.

I thought you had the child's mother pegged as a thief and not to be trusted with anything of monetary value. And now you are giving everything to her. I thought she was the problem. Clearly there is more to this than you are letting on. Is drug use or addiction involved here?

I don't quite share your confidence about the trustee. Where are your funds now? You said you had nothing in Thailand. Now you are saying you have funds in Thailand. There seems to be conflicting information. If they are in a bank, how will the trustee access them without legal authority to access them? If you have given these funds to the informal trustee already, then I suppose my question is moot.

[NancyL]

DD -- what exactly is the problem with paying a proper lawyer 5000 baht to write a Thai Will?

As for what happens to the stuff in your refrigerator/freezer. Gads, man, if you're worried about your possession down to that level of detail surely you should write a Will.

[Crossy]

As for what happens to the stuff in your refrigerator/freezer.

Body??

[impulse]

DD -- what exactly is the problem with paying a proper lawyer 5000 baht to write a Thai Will?

As for what happens to the stuff in your refrigerator/freezer. Gads, man, if you're worried about your possession down to that level of detail surely you should write a Will.

I wouldn't worry as much about the stuff, as I would worry about my heirs getting hit for a 20,000+ baht invoice for cleaning up the apartment after the food's been in there a few weeks without power.

Not to mention my former neighbors peeing on my grave for leaving the stench...