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Crossy

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

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19 hours ago, Crossy said:

And this is why we have a forum, the will route hadn't even begun to speculate about the merest possibly of crossing my mind.

 

I have one, so why shouldn't Madam? Duh!

After sale look at renting from then on, cost effective and flexible. 

Plenty of Baht in the bank, no problem. 

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2 hours ago, VocalNeal said:

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.

Donations to any recognized charity. I made mine to the a charity for orphans. But off topic. 

 

Glad to hear your wife is okay. When I bought a house, my Thai wife and I decided to put it in our son's name as he would ultimately inherit it anyway. She has since died and I moved out and bought a new house with my new wife. The new house is in joint ownership as I gained Thai citizenship subsequent to buying the first place. 

 

The thread does make a good point that I should have a will in place, although I am not expecting to pop off for quite a few years yet.  

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19 minutes ago, Crossy said:

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?

For sure, no in the US -- Thailand, probably not. Take this case: 'I leave all my money to my son, Jerk, with the proviso that he only spend $10,000 per year.' Unenforceable. So, you leave the money in trust for your son, with a trustee carrying out your request. No can do in Thailand.

 

Your wife's Will can just leave the house and land to you. You and your wife can discuss who will finally get the property, say, Dang the nephew -- but don't put him in the wife's Will. Instead, discuss with him this plan: Upon the wife's death, you plan to go to the land office with him to re-title the chanote in his name, followed immediately with annotating a lease, or usufruct to the back of the chanote in your name. Result: A Thai, as required, takes possession of the property -- and that Thai is the person your wife wanted to eventually inherit the land. But, by not putting Dang in her Will, if somehow things head south with Dang before you hit the land office, well, just find a better nephew, as Dang has no recourse to the land. And if things head south after Dang takes possession, well, you can still live on the land without fear of eviction, by Dang are any subsequent owner.

 

Of course, this would be a no rent deal. You could also make it a no cost deal to Dang by paying the annual taxes, etc -- but he should be happy just knowing the land will be his free and clear upon your death -- as the lease dies with you.

 

Worst case: Dang, upon taking possession of the chanote, runs out the door of the land office laughing hysterically. 🙂

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Posted (edited)

  I see limitations with a will to take care of everything.

Why-

So the wife signs a will leaving all to you  the foreigner. That is done in January.

In February (unknown to you) she does a new will. This latest will has no reference to the foreigner as  a beneficiary.

Last will counts. Earlier wills  are void.

This approach makes total sense to a Thai.

Family first!

 

 

 

Edited by Delight
added detail

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22 hours ago, thainet said:

That is correct. A WILL naming you as the beneficiary is legal, but as a foreigner you cannot legally own it, therefore at this time the court will give you a reasonable time (one year at this time, unless anyone has any updated info) to sell the property and legally transfer it to the new owner (or family member or child).

 

Another way is to transfer the property into a company while she is still alive. Depending on how the company is structured with preference/non preference shares, you can have control of the company. If that interests you (or anyone else) then I recommend you contact a proper legal firm that can set this up for you.

 

It will not work (as it was possible in those good old times) because you have to do business with your company. 

To rent out your own sole property is illegal and will Therefore not be excepted. 

Of course you will find a lawyer who will tell you the opposite meaning grabbing your money. 

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Posted (edited)
22 hours ago, Crossy said:

And this is why we have a forum, the will route hadn't even begun to speculate about the merest possibly of crossing my mind.

 

I have one, so why shouldn't Madam? Duh!

a will would be wise, will normally sort you for the first year

 

what some people do when they acquire house/land is along the following line;

 

have you being the sole owner of the house/construction as such

you lease the ground/property for X years, you can get 30 years lease registered with land dept.

 

maybe after 30 years you will be other places than among us

 

---

if doing smth along the lines above, it would of course be natural that you had a will

specifying that the lot goes to the wife in case you take off first

 

Edited by melvinmelvin
addon

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15 hours ago, SAINT THOMAS said:

I have 3 land deeds 1 in Surin and 2 in the village were our house is, my wife has no Thai children from a previous marriage to an American, 2 sons born in america or it would go to the children.

 

I have a policy at the government office for 200,000 baht think it is in case she died ahead of me in my name. 

 

I had such problems with my wife family over the years Since 2002, when I went to do a 30 year lease with the Judge in Prasat he instead put me on the back of the Deed to the land and gave a yellow book on the property with the house on it, the other property which I bought last year is right behind the house which I just filled in with dirt, fenced off and planted all fruit trees on about 2 Rai. 

 

I don't know if I would even have to give or sell the land and house with my name on the back of the deed? I will worry about that when and if the time comes or if she died before me.

 

I have to much invested in the house and lands in the village to sell it and who would buy it or have the money to buy it anyway 9 - 10 Million Baht? except the Surin land which is located in an area of all apartment buildings that I have 2.2 million baht invested in all paid with cash, so I don't owe anything on any of the properties or house.

 

My wife is 5 years older then me so I will give it all to someone I trust and that is not many if any and do a 30 year lease at the very same time of transfer, it would also have to be someone I would want the properties and house to go to when I died, that is the most important thing to me, I will hold on to the land deeds so they don't borrow on them also.

 

Money and Thais is a very dangerous combination.

 

My buddy did a 30 year lease with his girlfriend who died in an accident a few years ago, he paid cash for the house and cash for a car, the daughter won't give him the car and doesn't want him in the house, so what would someone do then? 

benzene

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Posted (edited)
23 hours ago, CharlieH said:

As I understand it, she has to make a will, the property will go to you and you have 1 year to sell it or do whatever with it.

My recommendation would be to get it from the "horses mouth" and speak with a "Thanai" and get things in place sooner rather than later 😉

 

Further, I have a farang buddy in a very similar situation.

 

After some legal advice his wife altered her will to indicate that until her husband sells the property (the 1 yr to sell factor) she declared that he has total right to live in the house and to indicate who else can / cannot also live in the house and also indicate that he has the right to do whatever he wants with the proceeds of selling the house without any obligation whatever to any other party.

 

All of this was because he has a wonderful caring and trusting relationship with his wife but his wife doesn't trust her siblings, and she had concerns they would try to muscle into taking over the house, try to demand they are entitled to a % etc., etc.

 

My own Thai son in a similar situation, he loves and trusts his wife but she's regularly intimidated by her scaly older brother and her scaly older sister, and son's wife is quite frightened of them. 

 

Son put a usufruct on the property indicating that I can live unhindered in the house until death and I can indicate who can / cannot also live in the house (apart from son's wife and daughters) and I can block the sale of the house and land until I die.

 

Also, his will bequeaths the house and land equally to his 3 daughters, along with a clause that they are responsible to provide a home and care for their mother.

 

 

Edited by scorecard
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Take a legal lease on the house from the land owner (presumably your wife) for 30 years at a 

peppercorn rent 

which is the longest possible (plus 30's are illegal).

 

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5 hours ago, Crossy said:

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.

 

Again Crossy I advise you to consult your Land office accompanied by your wife and to explain clearly your situation and your wishes.


They are competent and used to dealing with this kind of problem. 


As they did for me, they will certainly indicate to you the best formula and will suggest a reliable and inexpensive lawyer to help you if necessary, and to draft a possible contract.

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Just re-iterate from my OP.

 

There is a mortgage in place, so no lease or usufruct possible right now.

 

Unless someone knows otherwise, I assume the bank would be the ones to decide.

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Posted (edited)

Glad your wife is better Crossy

 

If your wife  dies. You get the house and 1 rai of land with  1 year to dispose of it.

 

Then transfer the land to your farang noi child who has a Thai passport and citizenship.

 

He owns the house and or land . You stay until you pop your clogs.

Edited by maprao

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Posted (edited)
9 hours ago, Crossy said:

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?

A Usufruct conveys all its rights for life - the beneficiaries life not the owner's. Even if the property is sold - the Usufruct remains in place.

 

Edit:

Providing its properly registered.

Edited by KhaoYai

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There’s always the option to sell the house now and buy a condo which can be fully owned by you. 

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Post with an altered quote removed

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