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Williams Legal Section Write ups on Thai law.

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Old 23-06-2006, 08:01 PM   #21 (permalink)
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^^Same as Frankie - plus if we both die my kids would probably be better moving to England with their Grandparents, is it possible to nominate people outside of Thailand???

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Old 23-06-2006, 08:04 PM   #22 (permalink)
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If you aint married Nick, old gran ma has more rights to your children than you, I sorted that problem out real quick by reporting their deaths, well I did assume the old gits were dead, seems they aint though, never foking ceases to amaze me how old bloody people can live so long, anyway as far as the local authorities here are concerned they are all dead, only got to keep that pretence up for a couple more years and then my kid is 16 and can do whatever the fok he wants, anyway I would recommend a nice fake letter saying your mother inlaw is dead anyway, you know just in case like
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Old 23-06-2006, 08:11 PM   #23 (permalink)
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^I am married you arse...does that make me the guardian as well, then???

Dog, if you aren't married have you been able to get a British passport for your son???
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Old 23-06-2006, 09:44 PM   #24 (permalink)
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Nope, no british passport for my son, why the fok would he want to go there for?
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Old 23-06-2006, 09:47 PM   #25 (permalink)
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Actually I had the choice of legally adopting him which would take 3 years with the British Embassey and a hell of a lot of lies and money, or a couple of letters reporting the death of the whole family, I went the easy route, fok them if they find out they aren't all really dead, yeah it may make it hard for them to renew their ID card, but hell, who gives a fok
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Old 23-06-2006, 11:26 PM   #26 (permalink)
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^He might not want to go to the UK, but if he's only got a Thai passport he'll struggle to go anywhere without a visa - if he gets a UK passport he can travel to most places very easily.

For me, it's now just the wife that is holding back the family from a jet-set lifestyle, but I ain't willing to spend the three? years back home it would take to get her a passport.
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Old 23-06-2006, 11:28 PM   #27 (permalink)
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Erm, Dog, wouldn't it have been easier to get married than doing all that???
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Old 24-06-2006, 12:40 AM   #28 (permalink)
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Quote:
Originally Posted by NickA
^How do we do that???

I apoologize if I'm asking stupid questions, but I have spent all of my life avoiding legalities and responsibilities - now I've gained some responsibilities, but I'm yet to catch up on the legalities part.

I don't like lawyers or anyone who is likely to want paying either, which doesn't help!!!
Mate, in my business no question is stupid enough.

You basically have two problems here: (a) can a forienger bring up a Thai? (b) does the concept of parental rights exists? In the case of the second, yes. In the case of the first, this is ground to contest (if you wanted to).

All of this is easily(-ish) fixed by having a will, in which your wife says "in the event of my death, Nick is legal guardian over my kids" (or words to that effect) and likewise for you. The you can also have a provision that says, in the event of both of our deaths, Nana Molly in Blackpool is legal guardian (again, not those exact words, but not far off it).
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Old 24-06-2006, 02:35 AM   #29 (permalink)
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Wills

I have an estate question that perhaps you guys can help us with...

My stepchildren's mom is Thai and has continued to maintain her Thai citizenship, ID papers, etc. We all live in the U.S. and visit Thailand about 3-4 times a year (one big happy family -- it's weird). My husband while married to their mom never worried about the children having Thai citizenship. Now it is apparent that someone will need to have the Thai property (several houses in a fenced compound) at some point, but none of the children would be eligible to hold property because they have only U.S. citizenship.

What would it entail to get Thai citizenship for half-Thai adult children who were born in the U.S.? Are we correct that there would be difficulties sorting out the Thai will if we don't have an eligible citizen to transfer the deeds to?

The other option is that our daughter-in-law is Thai, but frankly I hold no high hopes for that marriage.
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Old 24-06-2006, 03:39 AM   #30 (permalink)
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Asking the ol' lady she's got a few questions the kids live in the USA? Mom lives where? how old are the kids?
They can become citizens, how to go about it would be better addressed with the above information.
Oh yeah, where were they born?
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Old 24-06-2006, 04:15 AM   #31 (permalink)
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Wills

Quote:
Originally Posted by friscofrankie
Asking the ol' lady she's got a few questions the kids live in the USA? Mom lives where? how old are the kids?
They can become citizens, how to go about it would be better addressed with the above information.
Oh yeah, where were they born?
Thanks for the help! Yes, the kids live in the US, mom lives in the US most of the year, kids are adults 25 and 28 years old, and they were born in the US. Their mom was a Thai citizen with US "green card" at the time they were born. The land was mom's inheritance from her father, with the houses, garage built during visits over the past 10 years.

If the Thai property can't be titled in their name, it will revert to Ko's siblings -- NOT what anyone wants.

I suspect it's one of the those "get-ready-to-take-forever-to-push-this-through" experiences with bureaucracy, but could be done -- correct? Should we look for a Thai lawyer on this one?
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Old 24-06-2006, 04:35 AM   #32 (permalink)
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Translate their Birth certificates into Thai, take both copies (english & thai) to he Embassy. Mom should need to go with them, although they are of age, the embassy will want to interview mom, the kids maybe even dad.
Are the kids bilingual? if they don;t speak Thia things are gonna get tougher. Taking 25 years to get their births registered as Thai citizens is gonna slow down the process to a crawl. Are they male? They have avoided Thai military requirements then haven't they?
The Ol' lady works in the passport office. She deals with this kind of thing on a daily basis, usually unregistered births, folks born in Thailand. This one has got her stern, govt official face on her Boy would you get a lecture if you showed up at her office .

BUT, try to get this done at the embassy. This will be much simpler. She says, "OO, YAAAK MAAAK' if you try it over here.
Getting legal help may be difficult in the states though, I know.
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Old 24-06-2006, 10:10 AM   #33 (permalink)
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^I don't think they could get Thai citizenship now, could they???

As far as I know the Thais make someone choose theie nationality when they are 21, so for them to get thai citizenship now would mean renouncing their American citizenship!?!??

Of course, if you do both before you are 21 then there is no way of them knowing if you still have the other.

I would say it is impossible, but then again over here you CAN get a square block through a round hole, as long as you use a lot of oil!!!

Quote:
Originally Posted by William
All of this is easily(-ish) fixed by having a will, in which your wife says "in the event of my death, Nick is legal guardian over my kids" (or words to that effect) and likewise for you. The you can also have a provision that says, in the event of both of our deaths, Nana Molly in Blackpool is legal guardian (again, not those exact words, but not far off it).
OK, that's what I thought you were saying - I'm just suprised that something like that needs to be done if we're married, but then again, I probably shouldn't be!!!
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Old 24-06-2006, 11:47 AM   #34 (permalink)
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^strangley, even if you live in the UK, you should be doing the same thing (as a matter of good practice).

Also, Thais can and do have dual nationality. You are right, in that when they apply for a passport there is a box which says something line "do you have ay other nationality?" - tick here. Guess how many people tick
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Old 24-06-2006, 11:53 AM   #35 (permalink)
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^I agree that Thais can have dual nationality, what I'm saying is that they would have to have got the Thai nationality before they were 21, or at least it would have made it much easier, but I might be wrong!
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Old 24-06-2006, 11:55 AM   #36 (permalink)
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hmmm - good point batman

Isn't DJ Pat apply for his Thai nationality/ID Card? Might be worth asking him
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Old 19-09-2007, 06:23 PM   #37 (permalink)
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Thanks William.
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Old 14-12-2007, 09:27 PM   #38 (permalink)
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Will

I'm interested in having an attorney in the Pattaya area prepare a "WILL" for my dual nationality spouse (Thai and American) so that if by chance I survive her, that I am the sole beneficiary of the land and house that is in her name but in reality was financed.

Might someone be able to direct me to a short list of reputable attorneys with reasonable rates who is resident in the Pattaya area and would be capable of preparing such a will in Thai but with a translated version as well as providing the process for proper and official filing of the "WILL" in Thailand? Thanks in advance.


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Old 04-04-2008, 03:05 PM   #39 (permalink)
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So a will must be made according to the law of the country of residence?

So what happens if I pop my clogs whilst on a visa run to Laos, or on holiday in China, or on a plane over the Atlantic?

I need to sort out a will that will be valid wherever I die - is there an example will or template I can use as a guideline because it's something I don't want to dwell on.
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Old 04-04-2008, 03:42 PM   #40 (permalink)
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^ and the country of residence of the money itself! ie which bank is it parked in?
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