How can a Thai woman determine if her marriage to a US citizen is legally recognized, and what are her rights to inherit his assets?

Get proper legal advice rather than randoms on Facebook

Not everything no .seek proper advice from a solicitor .some amicable negotiations can take place I'm sure between the parties

Go to lawyer, make a will. But listen , even do , have to go to the court after her man passes away, to let her to take over properties or money that her farangs hubby posses in thailand. Needs to have a WILL , otherwise she will not get anything.

Everything in USA will follow the US will. Everything in Thailand will follow the Thai will or, if it doesn't exist, go to the Thai wife. Thailand does not accept foreign wills for assets in Thailand.

You might start by contacting a Thai-speaking lawyer in America. If that person doesn’t have the requisite expertise, he or she probably can refer you to someone who does and who also speaks Thai. Take a look at this list.

Writing a will doesn’t automatically “disinherit” the spouse.

But she will first need to retain a USA based attorney to show the court that she was legally married to him AND then she can go after any assets held under common laws (community property) such as houses, etc. See the following article. I would suggest she move quickly as she needs to file a motion in court against the will. If she can show that she was indeed legally married then she’s entitled to half of assets held in Common law states.

Even if the Will Explicitly disinherits the spouse she will still be entitled to his/her community property share or Right of Election share in certain states. I suggest she call this law office immediately at 1-424-320-9444. They can advise her. She needs to have someone who speaks English as they prob can’t speak Thai.

Why would you believe his will is null and void? Only another updated will would supersede that original will. The new wife may be entitled to death benefits, SS payments

Contact the USA pension office. They will send you forms to fill out. You will need to go to the US embassy to submit papers and legal documentation for your child (birth certificate etc proof that he was the father).

Your child is at least entitled to those benefits.

I am a Canadian who was in a similar situation with my son. American Father passed away.

The first thing she has to find out is whether the marriage is actually recognized by the State where the husband was living or if it had been properly registered (Most states recognize the validity of legal marriages registered in Thailand but not all of them. To register the marriage in the United States, he must have contacted the Attorney General in his state of residence)

If the answer is no, then no hope for her.

If yes, she definitely should contact an American lawyer to get accurate advices.

Maybe the US Embassy in Bangkok could assist.

go see a lawyer don’t rely on internet chat

A Thai female friend of mine recently became widowed to a US citizen. They had 1 child together who was in full time education here in Thailand. He was ex US Military and had a small company pension. I do not believe there was any will. I wrote to the pension company with copies if birth, marriage and death certificates and they paid out what was due to the daughter (not mother), daughter had dual nationality.

The military pension had to be dealt with in Manila, Philippines (US SE Asia office for all things related to death of US Citizen). The process, for a Thai lady who has good verbal english but not written, was a nightmare!!! Too much legal jargon and form filling. I made some phone calls on her behalf and they said they would call her with someine who spoke Thai, they never did!!! After some time she gave up. She would have received around $200 per month!!!!

I am sorry for your loss.

I must state that I am not qualified under any us jurisdiction but I believe if the will is valid then it will be the prime source of evidence in any case. My view is that if he fathered a child with you and that child is under 18 or in full time education then an amount may be claimed for them (around 200k $ I think.

Also if you contributed to the home you own or any business you established in Thailand then you may have a potential right to a share of that.

I hope the above might give you some ideas as to your next course of action.

A lawyer would say for sure but depending on the state in the US the will normally would hold at least mostly.

Many wives get nothing in cases like this in the US.

Seems like a question for a lawyer and not a question for a Facebook group where you'll get a lot of answers that you can't rely on.