Thread: Advice, please.

i am returning to thailand in a month or so, and one of the first things i am going to have to do is to make a claim against my (kind of) ex wife's estate.
she was killed in a motorcycle accident last may, and i am led to believe that there is a time limit of one year in which to make a claim against the estate.
we were never legally divorced,(contrary to what i was led to believe at the time), and the family did not notify me of her death. she signed over custody of our two children about four years ago.
i tried without success to get a copy of the death certificate at the thai embassy in south africa, but have managed to obtain a copy now. (long story)
i am aware of how the laws of inheritance work in thailand, and, quite frankly i am not interested in my share, if any, but since there is a lot of valuable land involved, i feel that her (my) children should be entitled to their share, if only as compensation for what she did to them (another long story)
the land was held in her name. the "family" seems to have their own ideas about who will inherit the land, and i believe the state appointed her father as executor.
my question is: how and where do i go about making a claim against the estate ?
is there any way i can have an asset search done (bank accounts, motor vehicle registry, deeds office, etc), since the family will definitely try to hide any assetts she may have had. i do not really want to spend a fortune on lawyers, since i do not believe the estate is large enough to warrant this, but, as i said, in the interests of fairness, i do want my children to get what is legally theirs.
any ideas or advice greatly appreciated.

oh, bu the way, the death certificate lists her as "unmarried" even though we did go off to the amphoe and notify them of the marriage (we were married in south africa), but they did not issue a certificate. when i went to the amphoe to obtain the divorce certificate, the refused, saying we were not legally divorced. cheers

Send a PM to Sebastian. He's a nice lawyer chap working in Korat.

Are you legally married in Thailand, ie registered and have the document from the lochur amphur?

If your not you get zip, if you are then thats a whole different story!

Originally Posted by Spin

Are you legally married in Thailand, ie registered and have the document from the lochur amphur?

If your not you get zip, if you are then thats a whole different story!

well, i am legally married enough for them to refuse a divorce certificate.
the point is, i do not want anything, i only want to make sure my (her) children don't get cheated out of their share by the thieving relatives. i actually hope they do not see me as a beneficiary, since this would only complicate matters.

Originally Posted by Marmite the Dog

Send a PM to Sebastian. He's a nice lawyer chap working in Korat.

thanx, marmite. i will look him up when i get there khorat is only 100km down the road from where i will be.
can't blame me for trying to get a freebie, though, can you?!
i would really like to try resolve this without having to involve lawyers if at all possible, though it looks like there will be no option. i am expecting some "resistance".
cheers

^ I know a good lawyer in Buri-Ram, he handles my stuff, and is well connected in this area.

Originally Posted by Dalton

^ I know a good lawyer in Buri-Ram, he handles my stuff, and is well connected in this area.

thanx, dalton

by the way, is it gramatically correct to use "good" and "lawyer" in the same sentence?
(there goes any hope of free legal assistance from any lawyers on THIS forum.......)

sorry to hear this mate, but my best guess is that if the amphor didn't issue a certificate saying you where married then you are not in Thailand, it may not be recognised here. If thats the case, then you don't have a leg to stand on legally. The best advice i can offer i can offer is a psycological approch, that being, if the her father is the exsecutor of the estate then maybe a 1 to 1 meeting with him might be in order. Remember the kids are still hers and the family will recognizethis (unless they are heartless greedy barstards)

Originally Posted by beenaroundawhile01

sorry to hear this mate, but my best guess is that if the amphor didn't issue a certificate saying you where married then you are not in Thailand, it may not be recognised here. If thats the case, then you don't have a leg to stand on legally. The best advice i can offer i can offer is a psycological approch, that being, if the her father is the exsecutor of the estate then maybe a 1 to 1 meeting with him might be in order. Remember the kids are still hers and the family will recognizethis (unless they are heartless greedy barstards)

read my previous posts: i WOULD BE HAPPIER IF I WAS LEFT OUT OF THE WHOLE THING., but surely the kids have a claim whether or not we were married/divorced, whatever.
the family ARE a bunch of greedy, heartless, dishonest, thieving bastards and cannot be trusted further than i could throw a bull by the balls with my left hand!

From the information you've shared, sounds like the Ampur doesn't want to see/hear from you. Same for the family -- if you stand to gain something they believe is rightfully theirs.

I'd play hard ball. If you're on a time restraint, they will test your patience and string you out. Don't even deal with the family.

^^ Dident know that you were that strong..

Chill Bro, you asked for advice and thats what I am giving you. If the family are as you stated a bunch of greedy barstards, then for the sake of your children, may I suggest that you may have to employ a lawer. I am only going by what you have stated here. If you are concerned about the childrens best interest in this matter then it may do you best to get involved and not hide behind them. Don't take this the wrong way, but we are talking about the children and their rights here. I am sure you will know better than anyone, as their father, what needs to be done.

Originally Posted by Texpat

From the information you've shared, sounds like the Ampur doesn't want to see/hear from you. Same for the family -- if you stand to gain something they believe is rightfully theirs.

I'd play hard ball. If you're on a time restraint, they will test your patience and string you out. Don't even deal with the family.

i have "history" with the family. i managed to intimidate them into signing the land my house is built on over to my kids at the time i "divorced" their daughter. they will be in no mood to hand over any more.
as most who live in isaan will know: the only thing a sober isaan thai will fight over is land, even if it is only a square metre.
the one thing they are shitscared of is lawyers and the courts, so i think dalton's advice would be the thing to follow.
doesn't mean i have given up on the idea of ripping out the father's throat, though............!

Originally Posted by beenaroundawhile01

Chill Bro, you asked for advice and thats what I am giving you. If the family are as you stated a bunch of greedy barstards, then for the sake of your children, may I suggest that you may have to employ a lawer. I am only going by what you have stated here. If you are concerned about the childrens best interest in this matter then it may do you best to get involved and not hide behind them. Don't take this the wrong way, but we are talking about the children and their rights here. I am sure you will know better than anyone, as their father, what needs to be done.

thanx
i did not take it up the wrong way and apologise if i came across as if i did. just want to clear it up that i would be happier if i was not to inherit, since it would complicate matters. i will make sure that the kids get theirs, though.
cheers

Originally Posted by tsicar

doesn't mean i have given up on the idea of ripping out the father's throat, though

I would advice you to wait until the case is done, it might have some negative effect if you do it before...

No worries Mate, another thing you might want to check out is the sub forum on this page. Some very interesting legal advice onland being past on to a foreigner after the death of a Thai spouse. Have a read mate and I really hope thing work out well for you and the kids. for what it's worth I am sure that you have and will continue to do a graet job as a dad to these kids, and hope theylearn the facts of family values from you and not from the ex's family.
cheers.

Pretty sure that the NOK, the kids must have a right to the deceased estate, in fact they would be first in line. A lawyer, and one that is close to the action is the only way as Dalts and others have said.
The local Amhor won't give you a divorce paper probably because you were never married legally, OR the family may have a relative in the office to control the whole show there.
My family has two girls in the local office, and believe me they cam manipulte anything they want.
Would be a good idea to gear up the lawyer by negotiating a bigger fee for a successful outcome???

Originally Posted by Dalton

Originally Posted by tsicar

doesn't mean i have given up on the idea of ripping out the father's throat, though

I would advice you to wait until the case is done, it might have some negative effect if you do it before...

yeah, it will have to wait for another day.
hey, does anybody know if the kids would have a claim on what he has got left over after he croaks?

stop giving me ideas, dalton!

Originally Posted by Ban Saray

Pretty sure that the NOK, the kids must have a right to the deceased estate, in fact they would be first in line. A lawyer, and one that is close to the action is the only way as Dalts and others have said.
The local Amhor won't give you a divorce paper probably because you were never married legally, OR the family may have a relative in the office to control the whole show there.
My family has two girls in the local office, and believe me they cam manipulte anything they want.
Would be a good idea to gear up the lawyer by negotiating a bigger fee for a successful outcome???

at the amphoe they would not issue me with the divorce certificate, because they said i was still married. they colluded with the ex and her family and told me at the time of the "divorce" that it was a done deed, made us sign some papers, etc and i only found out three years later that they had all lied to me, so it is quite possible that the marriage was not registered also. the thai embassy in south africa had endorsed her passport, though, saying she was married to me and that she would be using my surname.

Originally Posted by beenaroundawhile01

No worries Mate, another thing you might want to check out is the sub forum on this page. Some very interesting legal advice onland being past on to a foreigner after the death of a Thai spouse. Have a read mate and I really hope thing work out well for you and the kids. for what it's worth I am sure that you have and will continue to do a graet job as a dad to these kids, and hope theylearn the facts of family values from you and not from the ex's family.
cheers.

thanks.
i try my best, but it is hard to find enough time to give them the attention they deserve.

Don't I know it mate, have 1 of my own and another due next month. Working hard. I quess I am one of the lucky ones though, great mrs's though gives me the shits sometimes, heart in the right place. the kids come as number 1 as far as she is concerned. a benifit of a western upbringing i guess. Best of luck to you mate and if you want some one to chat to let me know and remember to take care of the kids as you have done, you are the only real family they have now.

Your story is confusing!

Originally Posted by tsicar

the title deeds were previously in her name, and i dragged her off to the deeds office with my english speaking thai lawyer and forced her to make the transfer. the whole thing was part of a divorce settlement "agreement" but that is another long story.............. i took the trouble to check that the deed definitely contains only my children's names as they appear on their birth certificate.

I don't understand why you say that you are not certain if you are divorced or not.

I told you before register a usufruct (The right to use property -- or income from property -- that is owned by another) against the property in your name if the shit ever hits the fan. It gives you negotiating room.

Originally Posted by tsicar

does anybody know if the kids would have a claim on what he has got left over after he croaks? stop giving me ideas, dalton!

Well....Accidents do happen, and for a small fee DD can take care of that, it was mentioned on another thread....

Originally Posted by Reaper

Your story is confusing!

Originally Posted by tsicar

the title deeds were previously in her name, and i dragged her off to the deeds office with my english speaking thai lawyer and forced her to make the transfer. the whole thing was part of a divorce settlement "agreement" but that is another long story.............. i took the trouble to check that the deed definitely contains only my children's names as they appear on their birth certificate.

I don't understand why you say that you are not certain if you are divorced or not.

I told you before register a usufruct (The right to use property -- or income from property -- that is owned by another) against the property in your name if the shit ever hits the fan. It gives you negotiating room.

i drew up the divorce "contract" myself, had the lawyer translate, and then made her plus two witnesses sign in front of the lawyer (who was also a notary public.)
the next step was to take the contract off to the amphoe, where it was to be registered and the divorce certificate issued. i cannot read thai, and i believed the signed and stamped document from the amphoe was the divorce cert. as they had told me. the lawyer telephoned to check whether she had gone with me to the amphoe, and i confirmed it. no divorce was registered!
the land is in my childrens' name s and the only shit that could happen is if they decided i was no longer welcome on their land, in which case i will dismantle my house and fuck off! there are still a number of years left before they will be able to do this, though, and it is a chance i am willing to take.