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Protecting my right to live in our house should my wife die.

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5 hours ago, saengd said:

Just one more thing that may be of use and that is my wife and I socialized her will with her family, we told them in advance what was going to happen in the event my wife passed away before me. We did that so there would be no surprises later, the SIL is designated Executrix.

.... this is either a good idea or a bad one depending on the family!

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2 hours ago, samran said:

If you are working here and have got three years of work permits and tax returns, then apply for Thai citizenship based on marriage to a Thai citizen.

 

Then you can do what you want.

I have met many, many foreigners like myself over the years and never met one that was a Thai citizen.

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24 minutes ago, SAINT THOMAS said:

I have met many, many foreigners like myself over the years and never met one that was a Thai citizen.

I believe they grant citizenship to some minuscule number each year just so they can say they do it.  It's really quite ridiculous.

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6 hours ago, Kinnock said:

.... this is either a good idea or a bad one depending on the family!

Yes I agree. But it's most beneficial if the Thai wife can be the one to introduce the subject and tell them what she has done and why. My wife did that without me knowing and then told me later, subsequently the SIL asked me more details about her future role as executrix and what it entailed, I had to tell her to chill because it was highly unlikely she'd ever be needed to function in the role and that it was simply Plan B planning.

 

But I did go one step further and picked out a Thai law firm for her to use which is the same one my wife would use if I were to pass first, I've also had the discussion with that law firm about the cost of probate and that is recorded. The cost of probate legal fees and choice of solicitor is actually mentioned in both our wills as an option for the executor/executrix to consider, that way the preference is visible. The executor/executrix could always ignore those preferences and use somebody else but they would need to justify to the beneficiary any additional expense, if there was any.

 

So the process is: one party dies, the executor/executrix is appointed, the law firm commences probate whilst the executor/executrix overseas the process and manages costs, the remaining beneficiary has oversight.

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7 hours ago, SAINT THOMAS said:

I have met many, many foreigners like myself over the years and never met one that was a Thai citizen.

 

6 hours ago, losworld said:

I believe they grant citizenship to some minuscule number each year just so they can say they do it.  It's really quite ridiculous.

Unless you walked into special branch and enquired about Thai citizenship like I and quite a number of others I know, have done, then you don’t really know what you are talking about.

 

Nationality law here provides a path for legally and gainfully employed spouses of Thai wives to apply for citizenship. It currently talks about 3 years from application to grant under this government. 

Once granted, comes all the rights of a Thai citizen. 

 

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6 hours ago, losworld said:
6 hours ago, SAINT THOMAS said:

I have met many, many foreigners like myself over the years and never met one that was a Thai citizen.

I believe they grant citizenship to some minuscule number each year just so they can say they do it.  It's really quite ridiculous.

 

I had a co-worker who went that route.  He had been working on Thai citizenship for years before I arrived, and still working on it 7 years later when I left.  He had been married long enough to have 2 grown Thai kids, and was a multi-millionaire who worked for many years in Thailand, owning and selling a few Thai companies along the way.  He had excellent legal representation, spoke fluent Thai, and played golf with quite a few high ranking government officials as a function of his job.  And still it took that long.

 

Go for it, sure.  But have a backup plan.

 

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A Last Will & Testament clearly stating that you will continue to live in the property until your death or otherwise abandoned the house.

It is a "Life Estate". Very common in LW&T and can withstand the scrutiny of the court and is enforceable in a court of law. Your welcome.

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where I live, many 10-25+ million baht houses are for sale / rent for YEARS now...

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9 hours ago, SAINT THOMAS said:

I have met many, many foreigners like myself over the years and never met one that was a Thai citizen.

I know at least 3.

 

Donations to a police charity seems to be on the list of things to do. Or become a police volunteer. I.e. Do something for Thailand.

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20 minutes ago, Deerculler said:

When my Thai wife died just over 4 years ago from cancer, she put a clause in her Will that I could live in the house until died.

That was all done legally.

 

 

Did you use a lawyer? Could you PM contact details please?

 

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A troll post has been removed

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47 minutes ago, Deerculler said:

When my Thai wife died just over 4 years ago from cancer, she put a clause in her Will that I could live in the house until died.

That was all done legally.

 

Who did she leave the house to in her Will? Even if it was you, the end result will be the same -- a Thai will have to own it. And unless there's a lease or usufruct on the house, there's nothing legally binding the new owner to allow you to live there. The only way to write a Will with strings attached is to use the "trust" mechanism; and, unfortunately, Thai law does not allow for trusts.

[Mods: yes, you've told me I can't post anything about usufructs or leases, because the OP has a mortgage on his property and leases and usufructs can't apply. However, this post addresses a different but related situation -- one that is pertinent to the OP.]

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Is it possible to stipulate that a lease / usufruct be made with the beneficiary of the house as part of the conditions in the will?

 

I'm definitely going to engage the services of a good lawyer, all I have to do is find one.

 

Lots of good stuff here. It was only my lady coming within (literally) hours of leaving us that spurred me into action, hopefully it's also making others think too.

 

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After purchasing our home,we went to a lawyer and had a legal document made up concerning a few things like that.

If my partner was to die I could sell the house and get 50 % of the sale the other 50 % would go to her mom and dad. That’s fine by me as my partner and her family have been wonderful to me. Plus if she died there would only be her brother left to help support mom and dad. I would not really want to live in this house anyway,I would rather move on to something more suitable. We also made arrangements that if I die she can legally sell my car and bike,plus get access to my bank account. The reason we did this,her Aunty was in a relationship with a Falang for years,he died and no will was made. She couldn’t get access to anything. God knows what happened to the money he had in his bank account. If they have treated you well,put something in place to make life easier for them too. PS the other thing,maybe you could do a 30 yr lease on the home as I am sure it is her name. That way you are covered if your wife dies and you don’t want to sell.

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