Death question please

[crazykopite]

25 minutes ago, murraynz said:

Why are you so worried about any money your ex husband may have?

Now that he has died,you tell the world that you arent divorced..

It sounds very devious to me..

The legal work will be very expensive.

You seem to be very hungry for his money..

 

If she is married to him or not legally separated then he is not her ex husband as the wife she is the next of kin and if he had UK pensions as his wife she would be entitled to them unless he left a U.K. will specifically stating who should get what she is entitled to all his U.K. assets 

Edited August 11, 2020 by crazykopite

[LukKrueng]

1 hour ago, stouricks said:

Did YOU bother reading that it their SON who is not legally married.

Yes, but she also wrote that she and her husband never got divorced, so the husband couldn't be legally married to a Thai woman here. 

 

 

[crazykopite]

12 hours ago, Raphael Hythlodaeus said:

I doubt if you will ever see any money.

In that case, what "things need to be cleared up in the U.K"?

Why do you need a death certificate? Is it really that important?

As his wife she needs a death certificate to register his death in the U.K. as his wife unless he left a U.K. will she is entitled to all his U.K. assets including pensions so yes she needs to get the death certificate I would imagine that as his wife she would of had to give permission for his funeral to take place in a foreign country so I presume that the British Embassy in Bangkok would have notified her of his death 

[LukKrueng]

If I understand the op correctly, your husband, a UK national, was living here alone and apart from the grandchildren there are no next of kin here (I assume the grandchildren are minors, and I don't know if they were ever registered at the British embassy as UK nationals. If not, it will not be easy for them to prove they're his next of kin).

So in such a case the British embassy would have been informed of his death by the Thai authorities and you should have been informed by the British authorities and asked for directions as what to do with his remains. The story that the Thai family took care of it without your concent sounds strange

[crazykopite]

1 hour ago, DogNo1 said:

This is a helpful topic.  I'm legally divorced from my American wife and have a will in the US providing for my daughter and grandchildren living there.  I live alone in Thailand but until now have not thought that a Thai will is necessary.  I have no outstanding financial obligations here but do have two bank accounts, both declared to the US Dept. of the Treasury and to the IRs each year.  All income is earned in the US- dividends, interest and capital gains.

You need to make a Thai will both in the Thai and English Language and deposit a copy with your local amphur I would advise you ensure that details of you bank accounts are specified and who the money should go to on your passing you also need to state what happens to your remains it’s normal in Thailand to have a cremation down here in my neck of the woods the average cost for a farang cremation is around 30,000 baht before your remains are released it would be up to the US Embassy to contact your next of kin in order to release the body for cremation I currently hold the will of a Canadian friend who lives in Thailand he has made me his executor although there is always the chance he might outlive me 

[khunPer]

On 8/8/2020 at 8:22 PM, Staci said:

So, how would the ex get the money ..  they only had Buddhist ceremony never made legal .. so she’s just the mother of grandchildren 

First, I agree with other posters about taking contact with the British embassy. You being legal wife makes me wonder why there has not already been contact established concerning funeral, cremation, or repatriation.

About grandchildren and no legal wedding, and "she’s just the mother of grandchildren".

She is not "just the mother", she is the mother, and the father might "just be an alien". The father's name on a Thai birth certificate doesn't meany any parental right, unless there is a court order; or a child is seven year or more old, and together with the mother, both confirms at a district office (amphor) that the father (present) is the father.

 

Without a last will, preferably one in Thailand, the mother of the grand children would have no legal rights to your husband's eventually financial estate.

 

Your son, the father of the grandchildren, would have rights as heir to his father, if no last will change that right. The grandchildren will only have rights as heirs after your son if paternity has been approved by court, of by document from a district office; or any court later approve paternity. You son can of course give his share on an inheritance to his Thai children, or he can make a last will to include them when he die.

 

If the funds are not of a certain value – costs for lawyer and court should be taken into consideration – the money case might not be worth following up. But first of all the British embassy should be able to give you advise, and probably recommend some English speaking law-firms, where you can choose one to assist you.

 

Your ex. husband might have stayed in Thailand under the rules for extension of stay based on retirement, which would include either documentation for a minimum monthly income of 65,000 baht; or a Thai bank deposit in the range between 400,000 baht and 800,000 baht, depending of the time for approved extension of stay.

[Elkski]

Good reminder for us gents to get things in order.   I'm guilty.  

I think its unfair  to accuse the wife  of anything for seeking what is legally  hers.   

Who here would just walk away? Honestly. 

 The grandkids are the sons responsibility.  He made his own  mess.  The deceased has other children besides the son who had children with  a thai woman. 

Good luck.   I think you got some good advice.  

[khunPer]

1 hour ago, crazykopite said:

3 hours ago, DogNo1 said:

This is a helpful topic.  I'm legally divorced from my American wife and have a will in the US providing for my daughter and grandchildren living there.  I live alone in Thailand but until now have not thought that a Thai will is necessary.  I have no outstanding financial obligations here but do have two bank accounts, both declared to the US Dept. of the Treasury and to the IRs each year.  All income is earned in the US- dividends, interest and capital gains.

You need to make a Thai will both in the Thai and English Language and deposit a copy with your local amphur I would advise you ensure that details of you bank accounts are specified and who the money should go to on your passing you also need to state what happens to your remains it’s normal in Thailand to have a cremation down here in my neck of the woods the average cost for a farang cremation is around 30,000 baht before your remains are released it would be up to the US Embassy to contact your next of kin in order to release the body for cremation I currently hold the will of a Canadian friend who lives in Thailand he has made me his executor although there is always the chance he might outlive me 

Good advise.

 

You can read more about last will in Thailand in the book "Thai Law for Foreigners" available from most book stores selling English language books, or online.

According to the Thai lawyers writing that book, you can make a last will in English, but it need to be translated to Thai when used in a court. You can use a lawyer; or just write the will yourself, for example using a form; and you can sign it with witnesses and notary at the district office (amphor), and also keep it on record (file) there; or just bring it home, making it known, where it can be found. Even a simple handwritten last will is legal.

 

Your Thai will shall only cover assets in Thailand, and shall follow Thai law. You need another last will in your home country to cover any assets there, and that will shall follow your home country's laws.

[Why Me]

Hi Everyone:

If anyone here is all alone and looking for a beneficiary, I am a clean-shaven nice person.

[chuang]

You said the Thai family took care of the funeral, probably they took care of him also when alive. You did not have much contact with hubby.

Now he's dead RIP you want to claim whatever money he had in Thailand even though it's not much.

Leave it to the Thai family..

[DeaconJohn]

2 hours ago, chuang said:

You said the Thai family took care of the funeral, probably they took care of him also when alive. You did not have much contact with hubby.

Now he's dead RIP you want to claim whatever money he had in Thailand even though it's not much.

Leave it to the Thai family..

Your post sums it up very well.

   Let it be and move on.

[murraynz]

10 hours ago, chuang said:

You said the Thai family took care of the funeral, probably they took care of him also when alive. You did not have much contact with hubby.

Now he's dead RIP you want to claim whatever money he had in Thailand even though it's not much.

Leave it to the Thai family..

The sum the story up very well..

[murraynz]

Just now, murraynz said:

The sum the story up very well..

Missprint...corrected.

You sum the story up very well.

[Dumbastheycome]

I have  always been led to believe that  any death of a  foreign national in Thailand  is automatically reported  to the  relevant  Embassy or  Consulate.

If  so then that Embassy  can provide information  to legitimately identified  immediate next of  kin to satisfy formal outcomes and  probate including outstanding  liabilities such as debts for medical bills etc accrued and signed in that persons name.

In the  absence of any significant financial assets a death  certificate  via the relevant  Embassy  would allow for whatever widow benefits to be applied for. Without a will in either location any residual  personal assets  would be assigned to the  surviving  spouse. For claim on any bank account funds would require complicated formalities which given present circumstances would realistically be extraordinarily  difficult  or  expensive.

 

 

 

[Raphael Hythlodaeus]

On 8/11/2020 at 12:08 PM, RichCor said:

As the OP states they were still married she is potentially financially liable for anything that continues to occur under his name such as credit card debt, continued pension deposits, and tax filings. Presenting a death certificate is normally required force stop or modify account status.

The question was directed to the OP for a clear reason. These are your speculations. She seems to have had no problem being separated from her husband.

[Raphael Hythlodaeus]

On 8/11/2020 at 7:31 PM, crazykopite said:

Sorry to hear of your husbands passing I’m not an expert but as you are still married my understanding that anything he had in the U.K. property , bank accounts would go to you as you are his wife . I would contact the British Embassy in Bangkok and ask for advice and assistance I have to presume that as you are his wife you would of had to give permission for his cremation in Thailand . Regarding items or bank account in Thailand I would assume you could have a claim unless he made a Thai Will which should be in English and Thai my understanding is that this will only effects asserts in Thailand and not the U.K.

No -- I have a Will in Thailand notarized by a Thai lawyer which is in English only and covers my world-wide assets.

[Raphael Hythlodaeus]

On 8/11/2020 at 9:14 PM, khunPer said:

Your Thai will shall only cover assets in Thailand, and shall follow Thai law. You need another last will in your home country to cover any assets there, and that will shall follow your home country's laws.

 Not True -- I have a Will in English (but not in Thai) notarized by a Thai lawyer which covers my assets in Thailand and world-wide. A friend of mine in Thailand also had a Will in English covering his assets in Thailand and world-wide and on his death these were distributed according to his wishes. He was also separated but not divorced from his wife in the UK and living with a Thai lady but had a Will unlike the OP's husband (or so we are led to believe). So much misinformation here on TV.

Edited August 13, 2020 by Raphael Hythlodaeus

[khunPer]

6 hours ago, Raphael Hythlodaeus said:

 Not True -- I have a Will in English (but not in Thai) notarized by a Thai lawyer which covers my assets in Thailand and world-wide. A friend of mine in Thailand also had a Will in English covering his assets in Thailand and world-wide and on his death these were distributed according to his wishes. He was also separated but not divorced from his wife in the UK and living with a Thai lady but had a Will unlike the OP's husband (or so we are led to believe). So much misinformation here on TV.

Thanks, but I'm quoting Thai lawyers – I'm referring to the book "Thai Law for Foreigners" – and it makes sense, that whatever you decide for assets in Thailand, shall follow Thai Law; just like whatever one decide here for assets abroad, will follow that country's law. I'm answering about have two last wills, one here, and another in your home country, and I don't mention language, a last will can be written in your native language. This is what I said:

Quote

According to the Thai lawyers writing that book, you can make a last will in English, but it need to be translated to Thai when used in a court.

 

At the end, it's a Thai court that decides about any Thai assets, no matter what last will; and no matter which language it's written in, but it might be translated to Thai language before presented in the court. My Last Will covering my Thai assets is written in English only, but still legal, but should probably be translated to Thai when presented for the court.

 

I mention in my Thai Will that I have foreign assets, cover by a Last Will in my home country, vice verse in my home country's last will that I have Thai assets that would be covered by a Thai Last Will.

 

Your foreign Last Will can of course be written to cover assets in Thailand, but it's up to a Thai court to decide, if it is in accordance with the local laws.