Inheritance Dilemma switched around?

Post by **kevinbrown** » December 22, 2005, 12:16 am

A good mate of mine who has a TW brought up the subject of property and inheritance the other day(I thought he was meaning his house and assets, but I was wrong).

His wife owns a house in Thailand where they intend to move to one day.

His question was, in the event of his wife death who would inherit the house him or her son(who is only 9 at the moment)?

I have heard a little about ownership and inheritance for ferang in Thailand, so I could not advise him. So i promised to post in on here for you guys.

Kev

Post by **banpaeng** » December 22, 2005, 12:29 am

Kev, maybe should have posted in the general cat. to get more folks looking at it. No problem though

I am living what you said right now. Both wife and I US citizen. Inherinted some land and house. Really haven't got a clue how to settle it. Don't want to split up family farm. Family does not want to buy us out.( of course they are renting it, haven't received a penny yet in 10 years. I must be a tough landlord) Here in the Texas you would call this a Mexican Standoff.

Think I will leave it to my son and nephew. One US and one Thai. Maybe this will work out some day.

This only proves I married my wife for her inherentince.

When I move there I am planning on getting free rice.

Post by **Thai_1_On** » December 22, 2005, 1:09 am

If I'm not mistaken I dont think we can own or inherint land in LOS. As my father in-law told me the land must go to a Thai. One reason to make sure you have the 30 year lease on the land you "own" so you cant get throwen out of your house in case you lose your wife

Post by **banpaeng** » December 22, 2005, 1:14 am

You are right Thai-1on. Father in law is right also. There is a lot more to this story so I will leave it till the legal stuff is finished. Bet it takes three lifetimes.

Post by **yorkman** » December 22, 2005, 1:15 am

Kev,

You really need to go to Thai Visa (dare I say!) for this one, I am sure it has been answered there.

But, as I understand it, his wife can leave the house and land to him in her will, but he have a set period (as I remember 1 year, maybe less) in which to sell it. Remember that as a farang he cannot own the land personally and this is a dispensation for such a situation. The house is a different matter, but if he does not own or have a lease on the land that is neither here nor there is it? If they really want to resolve this for their mutual comfort consult a lawyer in Thailand about the best way to ensure he can stay there until his death, and then he can draw up a will to ensure her son gets it; if that is his wish.

Others here may be able to advise better

John

Post by **banpaeng** » December 22, 2005, 1:21 am

John gave good advice. A lawyer will help 100%. Just don't expect a quick resolution unless you sell it. Our is all legal now but still working out the kinks.

Post by **BangkokButcher** » December 22, 2005, 3:54 am

The land my wife owns back in the village, in her will, it has been left to me and the kids, from what the solicitor has advised is exactly as John stated above, we will be allowed to stay/live there for a period not exceeding 365 days, before the govt will reclaim it.

It does have to be sold off, but our 3 kids will (all being well) be getting dual nationality soon, so hopefully will not apply to us.

Post by **banpaeng** » December 22, 2005, 4:08 am

I know it is a big excitement for our spouse to become a citizen of our home country but there are good reasons why not also. This is one of them.

Mr. Bean · Post by **Mr. Bean** » December 22, 2005, 4:27 am

With reference to the subject and going through all of the legal protection process, I can put my 2 cents or 2-baht.

A while back I met a very good lawyer in Nongkhai and spoke with her with reference to 30 lease or (Superficies for the life of the Superficary). At that time I asked her. "What if my wife passes away before I do"?

She informed me, by Thai law that the land can be put into my name for no more then 2 years. Which meens that I would have to give it to my son or sell it within the 2 years or the government gets the land.

I'm not worried cause I would put it in my sons name and not even try to play the Thai games. Then just do a 30 year Superfices for life with the son.

Post by **yorkman** » December 22, 2005, 4:34 am

If your son will do this... in years hence.....and providing the law does not change.......perfect

valentine · Post by **valentine** » December 22, 2005, 5:04 am

I have followed the same proceedure with my house here as well as the one in England.Here my wife has willed it directly to her son, also 9yrs, with the proviso that I can occupy for as long as I live, or sooner at my beheast.During this period it cannot be sold or otherwise disposed of in any way without my express permission.
In England the same to my grown up daughter., but without the occupation clause.
This will has been notarised by my lawyers in both London and Bangkok.
My original purpose in doing this is connected with death duties on transfer, and not in any way distrusting my family members, either English or Thai.