Seeking advice

[ozzybill]

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

[747man]

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......

[pf-flyer]

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.

[samuel]

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

[maaka]

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

[wazza]

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]

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]

[FrazeeDK]

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

[pf-flyer]

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.

[wazza]

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]

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]

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

[ozzybill]

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

[sometimewoodworker]

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.

[sometimewoodworker]

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.

[wazza]

Family members would also have a conflict of interest during any discussions perhaps.

Blood is thicker than water

[sometimewoodworker]

Family members would also have a conflict of interest during any discussions perhaps.

Blood is thicker than water

That was also a reason that I didn't mention being a given. But didn't want to suggest less than good intentions from his family.

[ozzybill]

Hello sometimewoodworker. Big tks for the advice. Yes I understand that I cannot own any of the land, the security I need with the house is that sometime in the future, whoever owns the land that it is on, which most likely will be a family member, can decide to move in with their extended family or they may ask me to leave. Or as my stepdaughter says, there is no problem leave things as they are, Only the future will confirm that. My time for decision does not finish until May next year so there is still time to decide on what to do. Big tks again, BILL

[Bandung_Dero]

To the OP, interesting question:- I think it depends on how solid your relationship is with the Thai Family and your "will/want" on your untimely demise.

Me, living here and married 17 years:- Knowing I could live in our home indefinitely and have access to any/all assets we have I would head off to the Amphor office with TW's daughter (23yo) and help her get the land holdings that TW has in her (my family) name transferred to her (she carries her mothers Maiden name). This will save any problems on my death and is both TW's and my want.

We all know the olde saying "Don't spend more in Thailand than you can afford or want to loose!"

In saying all that I don't think I'd last too long here in the rice paddies solo and probably head off to start a new life. Just walk away from it all, happy in knowing I can come back at any time.

BTW - I get the feeling that Thais and Wills is an oxymoron