Seeking advice

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ozzybill
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Seeking advice

Post by ozzybill » September 4, 2017, 8:51 pm

Hello everyone, I have lived Thailand for 20 yrs. been with the same lady for 18yrs, legally married for 8yrs, built house and maintained the farm, not much different than many others. After a long illness my wife died, without a will, 3mths ago, I have been told (Thai Inheritance Law) that I have 12mths to dispose of any property and proceeds to be distributed as per the law. As I wish to stay in Thailand with the family, and have security, how can I lease the house and property and from whom. Any info will help and be a starting point . Many tks BILL

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747man
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Re: Seeking advice

Post by 747man » September 5, 2017, 1:06 pm

Bill, Just my thoughts Mate.....Why NOT Sell what you have WITHIN The 12 Months ( I Think you can do that,But get a GOOD Lawyer ) Then buy a Nice Condo in YOU'RE Name......

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pf-flyer
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Re: Seeking advice

Post by pf-flyer » September 5, 2017, 3:23 pm

I have been married to the same Thai lady for 44 years. We built our retirement home here in Thailand also. I can understand with your desire to stay with the Thai family. If you wish to stay in the house that you built you could consider putting the house in the name of a family member that you trust and setting up a long term lease or a usufruct. I agree with 747man. Before you do anything get a good lawyer that has experience in this area and has good recommendations. A lawyer would be better able to give the options that you have. I have seen numerous times here in Thailand where an agreement was just done on a verbal agreement and a hand shake and later on things turn sour and go downhill and the person whose name is on the chanote or has the chanote takes everything. Do not be gullible and do not make any decisions when your emotions are running high. Be smart and protect yourself. There a a lot of disingenuous people out there. The family is not you wife.
Still married to the same wonderful lady from Issan for 45 years.

samuel
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Re: Seeking advice

Post by samuel » September 5, 2017, 6:33 pm

ozzybill wrote:
September 4, 2017, 8:51 pm
Any info will help and be a starting point . Many tks BILL
sorry for your loss.

contact Mr. Sebastian H. Brousseau
Managing Director of Isaan Lawyers

one of the few legal advisors you can rely on.

https://www.facebook.com/sebastian.brou ... tion=Group

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maaka
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Re: Seeking advice

Post by maaka » September 6, 2017, 6:31 am

yes I would contact Sebastian also, as there are matters in that farang cannot own land, etc etc, yet as husband and you probably paid for the house there are ' fruits of the marriage ' that could go your way..if you had thai kids and adopted you maybe could stay..maybe the family can receive the house and land, even if no Will, and lease back to you...there are many issues here that Sebastian can work out for you..sorry for your loss too

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wazza
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Re: Seeking advice

Post by wazza » September 6, 2017, 10:25 am

Ozzybill

While at the lawyer , dont forget to review your options on what visa you need to be on, if you were on a marriage visa before, can you transfer this to retirement ?

Sorry for your loss

ozzybill
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Re: Seeking advice

Post by ozzybill » September 6, 2017, 2:39 pm

Sorry everyone who sent advice as I am new to this forum. Tks for all the advice and info. A good lawyer is the way to go, tks for the recommendation. Regards Bill

Bouph
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Re: Seeking advice

Post by Bouph » September 6, 2017, 10:03 pm

Before using the services of anyone recommended, I strongly suggest that you Google their name first.
They're going to take their drinks and sit over there.

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FrazeeDK
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Re: Seeking advice

Post by FrazeeDK » September 7, 2017, 11:23 am

also, clarify with the lawyer any transfer tax/sales tax you may have to pay when you sell/give the chanote to family members....
Dave

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pf-flyer
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Re: Seeking advice

Post by pf-flyer » September 7, 2017, 11:47 am

FrazeeDK wrote:
September 7, 2017, 11:23 am
also, clarify with the lawyer any transfer tax/sales tax you may have to pay when you sell/give the chanote to family members....
Good Advise..When my wife and I went to the Land Office in Nong Han in 2013 to transfer the Chanote into my wifes name we were notified that the land office is now basing the transfer fee based the land survey on the chanote and not on the selling price. There were were several people in queue in front of my wife that walked out of the office without doing the transfer because of the amount of the transfer fee.
My heart goes out to you for the loss of your wife.
Still married to the same wonderful lady from Issan for 45 years.

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wazza
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Re: Seeking advice

Post by wazza » September 7, 2017, 11:56 am

The land office see the transfer as a simple, owner to a 3rd party ( irrelevant if its family etc ) and transfer fees apply.

There might be a lesser charge if its approved by the courts, death, divorce ???

Dracula
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Re: Seeking advice

Post by Dracula » September 7, 2017, 4:59 pm

Do NOT use Issan lawyers. I used Them for my divorce, and i tell you it was NOT good. Many mistakes and i end up paying a lot more than nesseserry .even the things writen Down in court did NOT hold. After my exp. They are useless. Now i try 3 lawyers around Udon and still no good
Get a lawyer from Bangkok and pay the extra cost and you Will sawe money to.

Fatone
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Re: Seeking advice

Post by Fatone » September 7, 2017, 7:03 pm

The legal guys from stickmans weekly column , sunbelt legal, legal@sunbeltasia.com.always sounded pretty good!!!

ozzybill
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Re: Seeking advice

Post by ozzybill » September 7, 2017, 7:20 pm

Hello again to everybody, tks for you info and advice and especially you kind thoughts. It now appears more involved than I thought. As my stepdaughter said why not leave things as they are. The family will eventually get everything which is what my wife and I always planned on. Tks again for your help. BILL

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sometimewoodworker
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Re: Seeking advice

Post by sometimewoodworker » September 9, 2017, 8:11 am

ozzybill wrote:
September 4, 2017, 8:51 pm
Hello everyone, I have lived Thailand for 20 yrs. been with the same lady for 18yrs, legally married for 8yrs, built house and maintained the farm, not much different than many others. After a long illness my wife died, without a will, 3mths ago, I have been told (Thai Inheritance Law) that I have 12mths to dispose of any property and proceeds to be distributed as per the law. As I wish to stay in Thailand with the family, and have security, how can I lease the house and property and from whom. Any info will help and be a starting point . Many tks BILL
I think that you have been slightly misinformed. Yes you have 12 months to dispose of any land that may have been in your wife's ownership which now belongs to you.

However you have no requirement to dispose of anything else. You are able to own the house in its entirety, you just can not own the land it sits on.

As to how you can have security that the new land owner decides to do something you disagree with rather depends on the local land office and if they will permit an Usufruct to be registered on the land. Some officials will allow it some will not, it is quite possible that in the current case that the land office will be sympathetic.

Personally if I were in your shoes I would go to the land office and talk to them first before doing anything. I would take an independent professional interpreter, if you don't speak Thai, NOT a family member. Family members could have good intentions but probably do not have the background or technical language knowledge to interperate.
Jerome and Nui's new househttp://bit.ly/NJnewHouse

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