In case a wife dies, what happens to the house?

[JestSetter]

I am told that a foreigner can stay in the house, but the inheritor (in my case the sister of my wife) gets the land. I am told that a will could allow the foreigner to stay, if it specifies it is the wish of the deceased. Is this true?

[Sometimewoodworker]

I am told that a foreigner can stay in the house, but the inheritor (in my case the sister of my wife) gets the land. I am told that a will could allow the foreigner to stay, if it specifies it is the wish of the deceased. Is this true?

If you only have a will the it will be totally in the control of your sister-in-law and if she wants, you will be turfed out in short order.

An Usufruct would provide some degree of safety, more important is likely to be family good will.

[kmanonmaui]

Interesting this topic came up, as I am in the middle of dealing with it, as well as care, custody and control of our children.

We have invested some monies to get the proper papers drawn up by a UD Thai law firm, in Thai and certified translated to English, such that:
1) If I should die first, the "Thailand Based" real and personal property(ies), including Thai based bank accounts, go to my wife. Obviously, she already has the real property in her name;
2) If she should die first, the real (land) go to OUR children with me being their guardian and with the ability to live in and take care of them in the real property, without fee or charge, until either I die or they reach the age of 20. All personal property (including the building, cars, bank accounts, etc.) will go into my name of ownership;
3) If we should both die at about the same time (singular car accident) then my I will be deemed to have died first;
4) Should ANY other party seek any ownership or benefit from my either of our demises then they will be entitled to exactly 1 baht maximum (or something to that effect). This also applies to my children from previous marriage(s);
5) Should I, as guardian of my children, choose to sell the real property for their benefit, I may do so as well as relocate back to the USA;

I have a Trust in the US, which I have to assure the Thai will does not affect and vice versa. Thailand does not have trusts, to my knowledge.

We expect to have the documents within a few weeks and I will happily post them, both in Thai and English, for the benefit of all.

<regrettabley Thai libel and slander law is extremely strict so a paragraph has been deleted it was boarderline but we have to err on the side of caution - mod>

Thanks,
-k-

[kmanonmaui]

Sorry, more to the point of your question. I believe that your wife can stipulate (at the local Ampher even) that while the real property will transfer to someone else, that you are allowed to stay there, without fee, for the remainder of your life. One farang in my village has such an a situation and his wife passed about a year and a half back. Indeed, her family is not keen on the fact that they can do nothing until he passes.

[olavhome]

Why should they ?
Guess all comes from the falangs Money-
But I know- typical thai Logic

[JestSetter]

Thank you all for the insightful ideas and comments.

While the amphur idea sounds very enticing because of its simplicity, couldn't that way be in jeopardy if there was a law that was enacted after the fact, unbeknownst to the foreigner survivor? Does it come with some kind of a paper trail that one can fall back onto, just in case someone changes the outcome? In fact, do changes require 2 signatures?

The idea of making a formal will would be wise as a back-up plan, I think. We all know that there are some unsavory characters that do lurk sometimes in the background ready to pounce on the easy money or lifestyle. Do lawyers have to be involved in a will or would using witnesses and their signature ensure its basic legality?

[Sometimewoodworker]

Thank you all for the insightful ideas and comments.

While the amphur idea sounds very enticing because of its simplicity, couldn't that way be in jeopardy if there was a law that was enacted after the fact, unbeknownst to the foreigner survivor? Does it come with some kind of a paper trail that one can fall back onto, just in case someone changes the outcome? In fact, do changes require 2 signatures?

The idea of making a formal will would be wise as a back-up plan, I think. We all know that there are some unsavory characters that do lurk sometimes in the background ready to pounce on the easy money or lifestyle. Do lawyers have to be involved in a will or would using witnesses and their signature ensure its basic legality?

Personally I would not rely on and put my future in the hands of a local authority using a language that I have no chance of understanding, with some contract that might, or might not, give me the right to continue to live here.

However if you have the option of leaving everything and returning to your country of birth, then doing it the cheap way and trusting to luck is certainly a reasonable choice.

A will never has to involve lawyers to be legal, however it may not have the effect you want.

[Sometimewoodworker]

Sorry, more to the point of your question. I believe that your wife can stipulate (at the local Ampher even) that while the real property will transfer to someone else, that you are allowed to stay there, without fee, for the remainder of your life. One farang in my village has such an a situation and his wife passed about a year and a half back. Indeed, her family is not keen on the fact that they can do nothing until he passes.

Sounds exactly as if you are talking of an Usufruct.

[olavhome]

Guess also very important to register the usufruct as "claim" on the actual property at local land Office.

[Sometimewoodworker]

Guess also very important to register the usufruct as "claim" on the actual property at local land Office.

An Usufruct is only valid if it it is registered in the land office, as is any lease for more than 3 years.

Your land office may, or may not, permit a non Thai to register it, you may have to argue your case if the head of the land department is resistant, He was, I did and was successful.

[Klondyke]

https://www.siam-legal.com/realestate/Usufructs.php

[hoverberg]

Hej, there

Hope all went well with the documents and such, possible to share the Thai and Eng. docs ? I will make a similar set up, yours sounds perfect.

Interesting this topic came up, as I am in the middle of dealing with it, as well as care, custody and control of our children.

We have invested some monies to get the proper papers drawn up by a UD Thai law firm, in Thai and certified translated to English, such that:
1) If I should die first, the "Thailand Based" real and personal property(ies), including Thai based bank accounts, go to my wife. Obviously, she already has the real property in her name;
2) If she should die first, the real (land) go to OUR children with me being their guardian and with the ability to live in and take care of them in the real property, without fee or charge, until either I die or they reach the age of 20. All personal property (including the building, cars, bank accounts, etc.) will go into my name of ownership;
3) If we should both die at about the same time (singular car accident) then my I will be deemed to have died first;
4) Should ANY other party seek any ownership or benefit from my either of our demises then they will be entitled to exactly 1 baht maximum (or something to that effect). This also applies to my children from previous marriage(s);
5) Should I, as guardian of my children, choose to sell the real property for their benefit, I may do so as well as relocate back to the USA;

I have a Trust in the US, which I have to assure the Thai will does not affect and vice versa. Thailand does not have trusts, to my knowledge.

We expect to have the documents within a few weeks and I will happily post them, both in Thai and English, for the benefit of all.

<regrettabley Thai libel and slander law is extremely strict so a paragraph has been deleted it was boarderline but we have to err on the side of caution - mod>

Thanks,
-k-