MeePeeMai Posted April 28, 2019 Share Posted April 28, 2019 3 hours ago, geoffbezoz said: Irrelevant fortunately because the OP has confirmed he is on a retirement extension. Relevant to those reading this thread who want to know the truth (should they find themselves in the same situation as the OP but on a spousal extension). IMHO, Incorrect information should be corrected ASAP (whether it is relevant or not) so as not to allow more confusion and rumours to fester on this forum. Link to comment Share on other sites More sharing options...
geoffbezoz Posted April 28, 2019 Share Posted April 28, 2019 15 minutes ago, MeePeeMai said: Relevant to those reading this thread who want to know the truth (should they find themselves in the same situation as the OP but on a spousal extension). IMHO, Incorrect information should be corrected ASAP (whether it is relevant or not) so as not to allow more confusion and rumours to fester on this forum. and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy. Link to comment Share on other sites More sharing options...
MeePeeMai Posted April 28, 2019 Share Posted April 28, 2019 3 minutes ago, geoffbezoz said: and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy. My sincerest apologies. Link to comment Share on other sites More sharing options...
ballbreaker Posted April 28, 2019 Share Posted April 28, 2019 Sorry for your loss Keith. I went through wife's death 8 years ago. The fact your wife made a will should help everything go smoothly provided properly worded. In my wife's case I already had usufruct in place so house was willed to nephew, with my blessing, and everything else to me. The following is what I remember about process in preparing for court in Korat and completing my duties as executor of will. 1. Made contact with lawyer who described the process and what he would charge. In my case it was a flat fee of 20,000 baht to cover full process through the court and assist me with land office and banks if needed. If you I would not use a lawyer that wants percentage of the estate. 2. Lawyer posted death in local papers for 30 days as required in case someone wanted to contest will or bring forward any creditors. 3. After 30 days Lawyer filed papers with the court so court time would be scheduled. 4. Don't remember exactly but court date took place 2-3 months after filing with court. 5. Court date was uneventful because court clerk already had papers signed by judge so we never saw the judge. After leaving court room lawyer took signed papers to processing office where the final court order would be generated which I picked up from lawyer office several days later. 6. A few days later I went to land office to transfer house ownership to new owner (nephew) and all went smooth but took all day. Land office explained to new owner that usufruct existed in my name on property and house and even though he was now owner it still belonged to me because of usufruct. New owner had to sign paper he fully understood what officer had said as did I. 7. Couple days later I went to bank to withdraw funds and close joint and account in her name. All went smooth but took several hours. 8. You may not need this final process. Wife and I lived in US for many years and still had joint brokerage and bank account. Because total value of two accounts exceeded a certain amount I needed release certificates from the IRS before her name could be removed from accounts. This required estate tax filing for a death which took 10 months before I received certificates from IRS to alter accounts. The federal government wants to make sure there get the last tax dollar you owe even if dead. If you have any questions send me a private message. Link to comment Share on other sites More sharing options...
faraday Posted April 28, 2019 Share Posted April 28, 2019 I am so sorry for your loss. Take care of yourself, make sure you eat properly, & don't drink too much. Link to comment Share on other sites More sharing options...
musiclover Posted April 28, 2019 Share Posted April 28, 2019 Sad news...condolences But.......2 points may be relevant Firstly I assume that you will be the executor of the will....quite important Secondly, you will NOT be under great pressure (if any at all) to sell within a year....or even longer and you can transfer property into a company name ( controlled by you) at Land Office by paying appropriate (tax which actually is quite high......). but at least then you still have your house ! Link to comment Share on other sites More sharing options...
tlandtday Posted April 28, 2019 Share Posted April 28, 2019 my condolences... sorry to hear Link to comment Share on other sites More sharing options...
dotpoom Posted April 30, 2019 Share Posted April 30, 2019 "I've no experience with that situation and dread the time it comes". My condolences to Keith too but I think you may have not worded the above the way you meant too. Link to comment Share on other sites More sharing options...
tandor Posted April 30, 2019 Share Posted April 30, 2019 On 4/28/2019 at 3:09 PM, Spidey said: If you aren't legally married to your "wife" but she has made a will, would the situation be the same? Link to comment Share on other sites More sharing options...
oldrunner Posted April 30, 2019 Share Posted April 30, 2019 Condolences. Link to comment Share on other sites More sharing options...
kingstonkid Posted April 30, 2019 Share Posted April 30, 2019 KEITH PLEASE LET ME ADD MY CONDOLENCES All the best mate and take your time before deciding or doing anything. Link to comment Share on other sites More sharing options...
steven100 Posted April 30, 2019 Share Posted April 30, 2019 On 4/28/2019 at 4:57 PM, keithcresswell said: I'm in Pattaya sorry to hear that very sad news keith .... I can only feel sadness in my eyes and hope you have the strength to move on. what will you do .... will you stay in thailand .. ? Link to comment Share on other sites More sharing options...
Bangkok Ape Posted April 30, 2019 Share Posted April 30, 2019 Condolences Keith. My advice would be to consult a good lawyer. Chin up. Link to comment Share on other sites More sharing options...
saminoz Posted April 30, 2019 Share Posted April 30, 2019 Sincere condolences. Link to comment Share on other sites More sharing options...
Thingamabob Posted April 30, 2019 Share Posted April 30, 2019 Very sorry for your loss. Small consolation is that you are on a retirement visa which simplifies things a bit. I hope things work out ok for you, and wish you all the very best in the future. Link to comment Share on other sites More sharing options...
Kieran00001 Posted April 30, 2019 Share Posted April 30, 2019 On 4/28/2019 at 6:11 PM, geoffbezoz said: and if you take the trouble to read the thread in chronological order prior to posting you may understand better that indeed later posted items rectify the matter. But hey ho you just go on and attempt to criticise rather than add anything useful to the thread if it makes you happy. Its you who hasn't added anything useful. The post you choose to critisize, although not useful to the OP, was potentially useful to others, unlike your own false information. You really need to wind your neck in Geoff, this is becoming a regular thing with you. Link to comment Share on other sites More sharing options...
Aussieroaming Posted April 30, 2019 Share Posted April 30, 2019 Condolences Keith, I hope you have friends around you Link to comment Share on other sites More sharing options...
Rod the Sod Posted April 30, 2019 Share Posted April 30, 2019 So sorry to hear this Keith. Share with us the positive moments you have as you go forward, and always come back here for some advice (even though much of it is of smile value only ???? Link to comment Share on other sites More sharing options...
MickeyDelux Posted April 30, 2019 Share Posted April 30, 2019 my condolences. Link to comment Share on other sites More sharing options...
Jaxxper Posted April 30, 2019 Share Posted April 30, 2019 Sorry for your loss. For what it is worth when my wife and I made out wills a couple of years ago we were told what you have been told , but certainly seeing a reputable lawyer is the best course of action. Link to comment Share on other sites More sharing options...
Nanaplaza666 Posted April 30, 2019 Share Posted April 30, 2019 On 4/28/2019 at 2:46 PM, geoffbezoz said: Irrelevant fortunately because the OP has confirmed he is on a retirement extension. Ubon's answer is not irrelevant , he was just correcting a wrong quote . + he is right . Link to comment Share on other sites More sharing options...
connda Posted April 30, 2019 Share Posted April 30, 2019 I'm very sorry for your loss Keith. For others currently married. Obtain a Usufruct contract while your wife is living and then a Will that transfers everything on the land (buildings and assets) to you. This is not the situation you wish to be in. This country has no compassion for foreign men married to Thai women while the wife is alive, and zero compassion for you if the wife dies. The fact that you may have created a nuclear and extended Thai family is irrelevant to the government. Wife dies, your marriage is dissolved, and you're basically shown the door once your visa expires. No status as a widower; you become a glorified tourist unless you have the means to stay on a different visa. The years of supporting a Thai family means absolutely nothing and it becomes the Thai Way or the Highway - I from what I've seen they wish we'd all take the Highway. Link to comment Share on other sites More sharing options...
elcaro Posted April 30, 2019 Share Posted April 30, 2019 My condolences Link to comment Share on other sites More sharing options...
khunPer Posted April 30, 2019 Share Posted April 30, 2019 My condolences, sorry for your loss. I remember there was thread about death of wife, and what happens to home, a while ago, with lots of replies. Perhaps it might be of interest for you. The link is here... Link to comment Share on other sites More sharing options...
Spidey Posted April 30, 2019 Share Posted April 30, 2019 1 hour ago, connda said: I'm very sorry for your loss Keith. For others currently married. Obtain a Usufruct contract while your wife is living and then a Will that transfers everything on the land (buildings and assets) to you. This is not the situation you wish to be in. This country has no compassion for foreign men married to Thai women while the wife is alive, and zero compassion for you if the wife dies. The fact that you may have created a nuclear and extended Thai family is irrelevant to the government. Wife dies, your marriage is dissolved, and you're basically shown the door once your visa expires. No status as a widower; you become a glorified tourist unless you have the means to stay on a different visa. The years of supporting a Thai family means absolutely nothing and it becomes the Thai Way or the Highway - I from what I've seen they wish we'd all take the Highway. No ufustructs available in Pattaya now. Link to comment Share on other sites More sharing options...
Kasane Posted April 30, 2019 Share Posted April 30, 2019 So sorry to hear about your loss. Be strong. Wish things work out the way you want. Link to comment Share on other sites More sharing options...
Acharn Posted April 30, 2019 Share Posted April 30, 2019 On 4/28/2019 at 2:26 PM, geoffbezoz said: I am sorry to hear of your loss. Yes that is correct you will have to sell the land within 1 year although legally you may still own the house. Will you remain in Thailand or not as that is a consideration in your future planning ? Also were you on an extension based on marriage, if so that will now cease and you will need to urgently find another solution. Of course if you were not or maybe working here with a WP then that is something you have no need to worry about When my wife died in 1995 the Immigration officers told me I could stay until the ending date of my current extension, but after that I would have to get a new visa based on retirement. At the time there was a different income requirement for those under 60 and those over, so the officer recommended I make visa runs and use double-entry tourist visas for the year I needed until I turned 60. A number of things have changed since then, so dealing through a lawyer is probably best unless you speak Thai well enough to talk to the immigration people yourself. I've always found them helpful. Link to comment Share on other sites More sharing options...
crazykopite Posted April 30, 2019 Share Posted April 30, 2019 Sorry to hear of your loss . My friend lost his wife some three years ago and although he put everything in his wife’s name she then leased the land along with the house to him for 30 years . He had a lawyer and the judge ordered that his lawyer along with his late wife’s father should be the executer to the estate 3 years on and he still lives in the property . From what I remember the judge was very sympathetic and told them to work it out between themselves I believe there is 16 years left on the lease and on its expiry it will be returned to his late wife’s family .once again condolences on your loss glad to hear that you were on a retirement visa . Hope all goes well for you ???????? I might mention that the biggest hurdle was with bank accounts the joint account they had was no problem but she also had one in her name the bank showed little sympathy towards him and what they were demanding was ridicules the death certificate along with there marriage certificate was not enough they wanted letters from lawyers and so on , we discovered that there was only 1,000 baht in her account so decided to just leave it as it was as the time , energy and expense far outweighed the 1,000 baht in her account like you my friend always had his own account with the funds to cover his retirement visa. Link to comment Share on other sites More sharing options...
kickstart Posted May 1, 2019 Share Posted May 1, 2019 13 hours ago, crazykopite said: Sorry to hear of your loss . My friend lost his wife some three years ago and although he put everything in his wife’s name she then leased the land along with the house to him for 30 years . He had a lawyer and the judge ordered that his lawyer along with his late wife’s father should be the executer to the estate 3 years on and he still lives in the property . From what I remember the judge was very sympathetic and told them to work it out between themselves I believe there is 16 years left on the lease and on its expiry it will be returned to his late wife’s family .once again condolences on your loss glad to hear that you were on a retirement visa . Hope all goes well for you ???????? I might mention that the biggest hurdle was with bank accounts the joint account they had was no problem but she also had one in her name the bank showed little sympathy towards him and what they were demanding was ridicules the death certificate along with there marriage certificate was not enough they wanted letters from lawyers and so on , we discovered that there was only 1,000 baht in her account so decided to just leave it as it was as the time , energy and expense far outweighed the 1,000 baht in her account like you my friend always had his own account with the funds to cover his retirement visa. Interesting about the wife leasing the land to the husband, over in the farming forum they is a TV member farming land that is leased to him for 25 years non-family member owns the land, he is on retirement extension, so far no problems. But, what if the widowed husband wants to sell the land, it would have to be a Thai selling the land, in this case, a family member, the land still in the late wife name? so who could legally sign anything, late wife's son/daughter? a job for a lawyer. Link to comment Share on other sites More sharing options...
henry15 Posted May 1, 2019 Share Posted May 1, 2019 If the total surface of the land, is less than 1 Rai you don't have to sell it. I have been exucutor of the estate in an inheritance as such. Link to comment Share on other sites More sharing options...
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