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Thread: Advice, please.

  1. #26
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    Driventowin's Avatar
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    Sounds to me that even by Thai law this property is your children's or at minimum they have legitimate claim to it..

  2. #27
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    If no divorce was registered then go to the family court in the area and get a copy of the probate order stipulating the executor. They would have to list the assets and heirs.

  3. #28
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    ^based on the assumption that there is a will. Given the age of death, that might not be the case. In which case, probate is governed by the CCC and the court acts as executor.

    see https://teakdoor.com/williams-legal-s...-thailand.html for further info

    W

  4. #29
    anonymous ant
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    Quote Originally Posted by William View Post
    ^based on the assumption that there is a will. Given the age of death, that might not be the case. In which case, probate is governed by the CCC and the court acts as executor.

    see https://teakdoor.com/williams-legal-s...-thailand.html for further info

    W
    thanks william, but i am now just as confused as before.
    let me give you the facts again, and then we can work from there:
    she died aged 34 years.
    there is no way in hell there was a legal will.
    she has two kids by me, and i now have to assume our marriage was never registered in thailand.
    the kids were born in south africa, but both have thai birth certificates.
    she owns land and title deeds were in her name at time of death.

    question:
    i was told her father would probably act as executor, is this true?
    how, and where do i go to make a claim against the estate on my childrens' behalf?
    how do i get an assets search done?
    would bank accounts automatically have been frozen, or will the parents have been able to empty them yet?

    i apologise if i seem a bit slow, just all this thai law stuff seems full of grey areas. and i really need to get my head around the facts.
    hope you can help
    cheers

  5. #30
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    ^if she died without a will and she is registered as the mother on the birth certificate, then they would be beneficiaries.

    Best (a) hire a lawyer, (b) go to the local amphur, (c) keep an eye on what's going on

  6. #31
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    IMO tsicar, then you should take Williams advice, and get a local well known lawyer. Dont fok about with it yourself, to high a risk that it blow up in your face.

  7. #32
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    Agreed with both of the above.. The bank account issue is sticky. If her father was executor he had/has a legal obligation to pay all of her debts which gives him legal power of attorney over her account, this has to be settled during a probate period the length of which I am not familiar with in Thailand.

    Once her debts have been settled if there is no will than anything left would go to the immediate next of kin which in this case should be your children, unless you have not made a claim within the specified probate amount of time..

    Time is at a premium don't f^&* around with this anymore seek out an attorney because they may have their own obstacles to get around taking even longer and thus losing the golden hour for claim.. Good luck!!
    Silent but deadly.....

  8. #33
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    At the end of the day Tsicar, bullshit baffles brains and I personally think you should go down this line and bluff your way through. After all, they're Thai living in the outback without a clue as to the real world. So to save money, why don't you speak with them direct ?

  9. #34
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    ^ When it comes to land, then it's a different ball-game, and there is no referee if he goes in alone.

  10. #35
    anonymous ant
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    Quote Originally Posted by Dalton View Post
    ^ When it comes to land, then it's a different ball-game, and there is no referee if he goes in alone.
    yes, land is the ONE thing that the WILL fight over.
    i will try the "diplomatic" approach with the family first, but hire the lawyer anyway to do an asset search and finalise any legal hiccups that may crop up.
    thanks for the help everybody
    cheers

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