My father has just recently passed away in thailand after living there for 8 years.
Whilst there he started a company with my mother and a thai lady also had to have shares to open a business.
Whilst there he did not marry, but bought property and land in his and my mothets name but company also help pay payments.
All assets he clearly paid for had to be placed in her name as my fathet was not a thai citizen and now she claime everything belong to her and she paid for it all. However my father supported her and gave her a place to live as a business associate.
Also after he pass she emptied out the safe in house and we can not find any documents belong to my father, birth certificate, money in safe, foreign citizenship certificate for a will.
We now go to court and she insists she has right to everything my father has paid for with his money from australia.

"All assets he clearly paid for had to be placed in her name"

A common but no less tragic experience for many expats and affirmation of the old adage to NEVER invest more in Thailand than you are willing to loose.

Yes i am now aware that we only have a right to money in his bank acc and very few personal belongings wr were able to bring home with us. We now go back to thailand for court. My mother and fathet make up the other 49% in company with now my mother become company director.
I am sure he had a will as he was a very articulate man and done all bookwork and banking for the business, he had to have everything to the last t crossed and i's dotted. If there be a will where would i find it. I worry she has destroyed it as i knew my father didnt want her to have everything ad he had alresdy given her enough

And yes pretenders88 was easier to register bikes and vehicles in her name as my father was not a thai citizen, it is much harder to own and register these things in a foreigners name so i am told.
I now wait and hope she goes bankrupt in business and then maybe because she will need money that she may come to the party and share!!!!!!!!

yep unless set up properly the Thais win hands down, had everything been put into the business name then it would have been better, however being smart after the event does not help in this case.

I am sorry for your big loss!

There can be a chance that your papa has bankbox in his main bank...

Regards Kjell

Lollipop, if your father had a legitimate business there will be letters of incorporation and a tax number. His legitimate share will be 49% of the business, but all bank accounts, assets, vehicles etc will be in the name of the business and not the Thai lady. Any decent Thai lawyer can sort this out. IF, HOWEVER, the assets, vehicles etc are in the Thai lady's name then that is a completely different ball game and it will be very difficult (if not impossible) to prove that they are not hers.

There is a lesson here for new forumites to absorb.

Lollipop, firstly I'm sorry to hear of the death of your father.
If your father had a will, it is probable that it was drawn up by a lawyer, who usually will hold onto the original. In my experience, the lawyer would be the trustee and/or executor, and would have given a "copy" of the will to your father. I would enquire about any will with the lawyer that your father and mother would have used in Thailand, for example to set up the company. Also, there should be an accountant who does the annual tax returns and any usual corporate compliance issues, who might be able to help you.
Kjellsnell's suggestion to look for a bank safety deposit box is a good one, and your father's lawyer and accountant might be able to advise where your father's bank accounts were held.
The Thai lady company director is in a strong position to gain any assets that have been purchased in her name, without any evidence of loans or ownership by your father or the company. I wish you luck, but I don't like your chances of gaining anything significant, apart from a share of the company assets, if you are lucky.
It surely is another timely reminder to only invest what you are prepared to lose in Thailand, or many foreign countries for that matter, e.g. Indonesia etc.

lollipop wrote:My father has just recently passed away in thailand after living there for 8 years.
Whilst there he started a company with my mother and a thai lady also had to have shares to open a business.
Whilst there he did not marry, but bought property and land in his and my mothets name but company also help pay payments.
All assets he clearly paid for had to be placed in her name as my fathet was not a thai citizen and now she claime everything belong to her and she paid for it all. However my father supported her and gave her a place to live as a business associate.
Also after he pass she emptied out the safe in house and we can not find any documents belong to my father, birth certificate, money in safe, foreign citizenship certificate for a will.
We now go to court and she insists she has right to everything my father has paid for with his money from australia.

Sorry about your father but could you please explain the purpose of your post? I think you need some lawyers not a bunch of expats on a forum.

Ba bob
I have posted in this forum as i am after some info and opinions to make sure i am headed in the right direction within the situation.
Back home i dont have many people to talk to for advice or any knoweledge to do with thai law or my situation. I only visited my father over the years and did not live in thailand to know exactly how everything works.
I feel very done by, by this thai lady and need to do my homework before i go about my way within the situation.
And if it may bother you so much why even post a reply to my topic? I dont need anymore negative people butting their noses in for useless points, im going through enough troubles at this time
So thanks very much.

And we also have a thai lawyer but i am not sure on if i put my trust in her at the moment. The thai lady has been going to see her on numerous occasions and trying to contest many things as in bank acc and the house in which are the only things we may have rights to at the moment. Seems she is sitting in the other side of the fence. All this lawyer keeps asking for is money and for us to make many trips back to thailand before court and tells us we must hurry up and doesnt seem to want to help us!!!

Anyhow......

Is there a possability we can take this thai lady to court and ask she prove that she had the money to pay for all these assets? We can prove my father paid for many things ie bank statements from aus and thai, my mother has proof she paid for some gold jewelry she purchased as presents. As this thai lady had very little money and lived off my father and wages from the company.
Our accountant has been very good as to change company director to my mother so that has been some good news of any at all.

Lollipop,

She doesn't have to prove anything, everything is in her name. it is you who have to prove that they don't belong to her - and in Thai law that is going to be very, very difficult. You are being given friendly advice by the forum members - unfortunately it is not what you want to hear. I wish you luck, but unless you have vast funds available you are probably best to walk away and look up the WB University.

Maby try to get an non thai lawyer?
I'v heard this firm been recommended by alot of people http://www.isaanlawyers.com/
The guy running it is a canadian i think.

lollipop wrote:Anyhow......

Is there a possability we can take this thai lady to court and ask she prove that she had the money to pay for all these assets? We can prove my father paid for many things ie bank statements from aus and thai, my mother has proof she paid for some gold jewelry she purchased as presents. As this thai lady had very little money and lived off my father and wages from the company.
Our accountant has been very good as to change company director to my mother so that has been some good news of any at all.

It is not easy for a farang to get justice in Thailand but it is possible. You need a good lawyer and that is not easy to find either although they are out there and I think if you can prove your father paid for most of everything you may have some recourse. I would advise a lawyer in Bangkok rather one in Udon. I hear Siam legal is good but you should check with your embassy in Thailand for there opinion. Good luck to you.