Father Died, what to do with his estate

[Tropicalevo]

1 hour ago, blackcab said:

Q: Do you know if there is any liability passed on to us, his family, to sort out his estate?  We have not agreed or counter signed anything as we were not asked to.

A: You have no liability to administer his estate, and you have no liability to cover any claims made against the estate.

Q: The landlord is wanting to claim for damages, again, would we be liable for them when we haven't agreed to be a guarantor.

A: No.

Q: Finally, if we do not go forward, and the state take hold of the possession, but find a Thai will, would the instructions of the will come into effect, or would the state just keep everything.

A: Technically the will should be executed and the Court would have to appoint a professional executor. This probably isn't going to happen if the value of the estate is low.

First, condolences to you and your family.

The above is good advice.

Without knowing a lot of details, I would suggest a few steps to protect yourself.

Documents.

Both the UK and Thailand are bureaucratic nightmares. Make sure that you have a copy of the death certificate (hospital), permission to release the body for burial (embassy) and confirmation of cremation (Temple). Have these documents translated into English through an official translator.

With these, contact any bank in the uk that you are aware of that your dad used. (Where was your dad's pension paid?)

 

Contact the UK government pension department. If your mum and dad were still married, there may be benefits for your mum. Make sure that they know that your dad is dead.

Was there a private pension involved? Even if your mum and dad were divorced, there could be an entitlement on the pension. (The rules are complicated.)

 

It seems that your dad's landlord is a rogue and so he has probably taken everything of value from the property. Bank book, ATM card, passport, valuables etc.

 

If you decide to persue this in the courts here in Thailand, it will be time consuming. My wife died a few years ago and my request for her property (no will) were unopposed and it still took 2 years and 1,000 GBP.

Thai law will say that your dad's estate will go to his parents and his wife (jointly). Then it is children.

As you are not in the counry, there will be no liability.

As others have mentioned - there is a possibility that he had 800,000 THB deposited in a bank to cover his retirement visa. If the landlord has taken everything, this will be difficult to find and to recover.

Unless your father was a secret millionaire, or if there are personal items that you wish to recover - I suggest that you walk away.

Sorry that I cannot be more helpful.

[ash123123]

Hi All,

 

OP here,

 

First of all, thank you to all for the kind words and the advice that has been posted here.  I wasn't sure if people would be able to offer advice, but very please to see people have in their masses.

 

So I will try and cover a few of the questions that have been asked in the thread.

 

He had been living on and off in Thailand since maybe 2005, coming back to the UK to spend the required number of days here to qualify for the state pension.  As soon as he was old enough and didn't need to come back to the UK he went and stayed out there, this was around 2014.

 

I know that he used to do Visa runs, so maybe this means that he wouldn't have had the retirement visa.  I doubt that he had 800,000 bhat in an account, as his only source of income was the state pension and his war pension from his days in the Army (both have been contacted to be stopped), so I don't see him generating that much cash.

 

With regards to contacting the British Embassy, I did find a web site where you could submit a questions, so sent them a version of my original post, and they replied with links to the official gov websites that did not cover this questions.  I also spoke to the foreign and commonwealth office, who were the ones that contacted the police to tell me, and all they said is that I would need to speak to a lawyer, so again not much help.

 

While I am not completely sure what has gone on, the funeral director now has a lot of his personal items, things like framed pictures and medals, and his bank books (or at least some of them) and some documents. The landlady is also no longer seeking compensation.  There is no jewellery, and while he certainly used to wear a ring, I have no idea if he still did. He would have also had computer and phone, and these are not on the list I was sent either. So maybe the landlady cleared out the house, took things of value and decided it was a win for her.  I have no idea, but as I don't know of any certain piece of jewellery, and there would be no way to prove anything, we are not going to pursue this. 

 

Again, many thanks for all the help and advice this board has given.  It has helped what was a pretty daunting process and lot clearer in my mind.

 

 

[Lacessit]

I would have thought if your father had made a will naming you as the executor, he would have told you so.

A difficult situation, if you are in contact with the funeral director perhaps you may be able to request he sends you the documents and bankbooks, or copies thereof, so you can better ascertain his financial standing. PDF files online, even.

If he died intestate, as his next of kin you would be first in line for his assets after creditors, unless he had a Thai wife nobody knew about. Whether his assets are worth pursuing you can't decide until you have better information.

If he had a car or the 800K in a bank, it may be worth it. If his estate is less than 100K baht altogether, probably better to  avoid the aggravation.

 

Edited May 21, 2020 by Lacessit

[brianthainess]

Condolences. If you really want to find out if he had a GF or wife you could contact the condos reception maybe they would know. if he died in hospital they would know if someone was taking care of him(as is the norm in a Thai hospital), and finally if the funeral director (who arranged his funeral and had his remains released?) has his phone more info would be in there. just saying.

[2 is 1]

Only comment for this post is. If he was here since 2014 he have to make really many visa run in over 6 years! Living cost here is not much if you are careful. Ofcource i dont know how much hes pension was but can be possible that he save money for that retirement visa! (800000 bth) Coz even he got 90 days visa for every visa run he have to make them really many! Thats why , if you can get hes passport you know for sure that situation! If he not overstay!

Sorry for your lost

Edited May 22, 2020 by 2 is 1

[zaZa9]

Sorry for your loss. 

Are you aware of if your father got his pension sent to him ?

As a retiree , and to qualify for a Retirement Extension to stay in Thailand , your Dad would have had to have the equivalent of 65,000 baht minimum  arriving monthly into a Thai Bank account   ( which he would likely have spent as it arrives ) OR 800,000 baht at time of application , ONCE per year, and in the Bank for 5 months. A recent addition to the law is that he could possibly spend that money down to 400,000 baht , but always had to have 400k in a Thai Bank to cover emergency contingencies such as a hospital bill ... a funeral could fit that requirement to. So he may have left  some cash in a Thai bank somewhere.

But as others have said , the Thai are ruthless when it comes to free 'pickings' , and if he did have a girlfriend then I imagine that savings would be gone.

The landlords 'damages' will probably include back rent , so any search for cash that he is aware of  he will probably claim.

Like others have said , its highly  unlikely you would be libel for any debts here  if nobody knows you and you arent living in Thailand . Since you have so little info to go by its probably best you let this one go...

[Sheryl]

21 hours ago, giddyup said:

Nothing to do with how many years he has been here, but if he didn't have the funds or chose not to to leave 800K in the bank, he may well have just paid an agent every year to get his extension.

Or he could have been using the income method. In which case his babk balance might be much less than 800k.

[HashBrownHarry]

On 5/21/2020 at 3:26 AM, Ron jeremy said:

Sorry to hear of your loss.  I don't see anything positive coming out of this, the landlord, lawyers etc will not be of any help to you. They will fill their boots.

I can't see them coming after u in regards to debts etc. 

Its not a place to be in your remaining years. It's simply not fair to those involved in sorting things out. Are you aware of his 800,000 baht that could be in a bank account ? I've personally seen what goes on in this situation. The Thais are ruthless.

Again, sorry for your loss and best wishes.

i hope u find his will.

It's easy to make provisions as to what happens with your 'estate' when you die here.

 

Unfortunately it looks like this chap never had his affairs in order.

[blackcab]

9 hours ago, ash123123 said:

...like framed pictures and medals, and his bank books

 

Best cost of action is to ask the funeral director to send you photos of the bank books.

[couchpotato]

12 minutes ago, blackcab said:

 

Best cost of action is to ask the funeral director to send you photos of the bank books.

Funerals in Thailand are at the local Temple (covered either by family or by the State (if alone).

So why would the Monks have his bankbooks. Strange.

[TallGuyJohninBKK]

27 minutes ago, blackcab said:

 

Best cost of action is to ask the funeral director to send you photos of the bank books.

 

Or, since there also were personal items in the FD's possession, perhaps just pay the FD to send via registered post a small box back to the UK with the various personal items...

Edited May 22, 2020 by TallGuyJohninBKK

[couchpotato]

11 minutes ago, TallGuyJohninBKK said:

 

Or, since there also were personal items in the FD's possession, perhaps just pay the FD to send via registered post a small box back to the UK with the various personal items...

Please see my post #23 above.  There is no Funeral Director...it is a temple cremation, so why would a Monk have his bankbook.

 

Also see my post #23..explains the process. ie: the police will have all his personal items (not possessions), unless of course the landlord purloined stuff before the police arrived, and therefore those items will never be seen again (this happens very often).

[blackcab]

10 minutes ago, couchpotato said:

Funerals in Thailand are at the local Temple (covered either by family or by the State (if alone).

So why would the Monks have his bankbooks. Strange.

 

The OP is not in Thailand. It is normal in this situation to use a Thai funeral director to carry out all necessary duties to undertake the funeral, including liaising with the police, the embassy, the forensic hospital, any local hospitals, landlords, etc.

 

Most embassies have a list of funeral directors that they will provide to the next of kin.

 

 

[TallGuyJohninBKK]

22 minutes ago, couchpotato said:

Please see my post #23 above.  There is no Funeral Director...it is a temple cremation, so why would a Monk have his bankbook.

 

Also see my post #23..explains the process. ie: the police will have all his personal items (not possessions), unless of course the landlord purloined stuff before the police arrived, and therefore those items will never be seen again (this happens very often).

 

Perhaps you should read the OP's followup report in post #32 above:

 

Quote

the funeral director now has a lot of his personal items, things like framed pictures and medals, and his bank books (or at least some of them) and some documents. 

 

[Bangel72]

Have you had any contact with his local mates, perhaps drinking buddies at his local? They may have some useful insight.

[scorecard]

On 5/22/2020 at 3:03 PM, HashBrownHarry said:

It's easy to make provisions as to what happens with your 'estate' when you die here.

 

Unfortunately it looks like this chap never had his affairs in order.

The first para is very true, not difficult. A will is not difficult to organize and can cover everything, and doesn't need to be expensive.

 

Second para, again true. I'm aware of one guy from USA died with no will or other known arrangements, worked in LOS well over 20 years (with WPs), an unpleasant man, no friends, lived alone, known to have very little money - continuously asked other foreigners to give him money, local Thais often gave him food. Found dead in his townhouse about 5 days after his death, about 5 years back. Brother in US eventually found by RTP but refused to be involved. Eventually given a police organized paupers funeral.

 

Also aware of one farang from UK, quite wealthy, own numerous properties in the UK, on the Gold Coast of Australia, in Jakarta and here in Thailand (under company names), and owns 2 not cheap cars in LOS and same in Indonesia. Well established he has a lot of money in bank accounts in all 4 countries. Now about 78 years old, he has no family anywhere, and he has serious heart, blood pressure and diabetes issues. He's a well qualified in electrical engineering and has qualifications in large scale marine mechanical engineering.

 

One Thai family, his neighbors in Thailand, have taken good care of him in several bouts of long illness.

 

His farang friends encourage him again and again to make a will. His reply is 'it's a work in progress...', followed by 'it's not needed, everybody knows who I like', which of course is a nonsense statement.

 

One sad aspect is that the Thai neighbors have 3 teenage sons, all in their degree studies in engineering. The family struggles to keep them in uni.

 

Friends have mentioned to him to leave all of his assets and cash to the 3 boys, he falls back to his standard response 'but it's not a problem, everybody knows I like these kids'.

 

His farang friends tell him again and again, he has to make it formal/documented, with a will. His further response, 'a will would push me to die and I'm not ready to die'.

 

 

Edited May 24, 2020 by scorecard

[BritManToo]

2 hours ago, scorecard said:

His farang friends encourage him again and again to make a will. His reply is 'it's a work in progress...', followed by 'it's not needed, everybody knows who I like', which of course is a nonsense statement.

Maybe he doesn't like anyone enough to leave them his money.

Up to him really.