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?

Sep 5, 2022
2 years ago
Man ******
ORIGINAL POSTER
Does anyone know how we can find out if they are legal married. We overseas and have tried to find an email address to send a email to.

Do Thai woman take fake wedding photo

One in a white wedding gown and another of the two of them in traditional wedding attire and two in a red evening gown.

He told you they were date photos and she wanted one taken in a wedding gown.

have a question if a man who is a US citizen legal marries Thai woman in Thailand and he passes away and she is legally his wife and he has grown children from his wife that passed away years and has a will in the US leaving everything to his kids. Is she entitled to inherit everything he owns n the US since she is legally married to him in Thailand and his will in the US in null and void?
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TLDR : Answer Summary
The discussion revolves around the complexities faced by a Thai woman regarding the legal recognition of her marriage to a US citizen who passed away, and her rights to inherit his assets despite his will leaving everything to his children. Participants emphasize consulting a lawyer, as the legal situation depends significantly on US state laws and the validity of the marriage in both Thailand and the US. The conversation touches on issues of pension rights, marriage registration, and the potential challenges of contesting a will.
Jim ********
Unless the marriage happened in the USA as well... I don't think she has any legal rights... Only to assets they share in Thailand. Theoretically, I think that is what it would be, but you should ask a lawyer.
Sheen ************
Get proper legal advice rather than randoms on Facebook
Mark ********
Not everything no .seek proper advice from a solicitor .some amicable negotiations can take place I'm sure between the parties
Giuseppe **********
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.
Marc *********
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.
Man ******
ORIGINAL POSTER
@Marc ********
no Thailand will just the one in US
James ***********
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.

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Dave *********
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.

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Greg *****
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
Pom ********
@Greg ****
She must lived in the US for 5 years or more to receive his SS benefits.
Greg *****
@Pom *******
ok 👍🏻
Mary ***********
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.
Olivier *********
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.
Braulio *********
go see a lawyer don’t rely on internet chat
Craig **********
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!!!!
Man ******
ORIGINAL POSTER
@Craig *********
thank and sorry she wasn’t able to get the 200 a month.

My friend has a will leaving everything to his grown children and his wife is not in this will even though they got legally married in Thailand and is legally his wife.

I trying to find out if she is married to him and there is no will in Thailand can’t she contest the US and inherited everything.
Craig **********
@Debbie **************
It is a question of risk v's reward!! She could contest but the financial and emotional costs would be extreme. Is the estate worth that much stress and uncertainty. As you say there is already a will. Is there a relationship with the grown children that could possibly kead to an amicable settlement? If not I would seriously consider if it is worth it.

A good solicitor will give you good advice a bad one will lead you astray.
Man ******
ORIGINAL POSTER
@Craig *********
she has never met his son or daughter
Man ******
ORIGINAL POSTER
How would you go about finding out if she is legally married to him. I am in the US is there a website that shows marriage licenses
Danvir ******
@Debbie **************
under no circumstances will she get everything when there is a valid will already.
Nick ****************
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.
Aaron ******
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.
Brandon ************
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.
Ross ********
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