QUESTION
My brother passed away in Thiland 6 yrs ago, had no wife. My Mother, sister & I are his only living relatives. He had no will and the Thi government
Asked on Jul 10th, 2012 on Wills and Probate - Oklahoma
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requires a court probate letter naming an executor of his estate. My Mother has alzhimers and I have her power of attorney which we used to sign for the next of kin letter to Thiland to get his death certificate. We now know he has $9,300 in a bank account there thats why we need a court probate letter naming an exdecutor of his estate, the american embassy has his passsport, and we will be getting the death certif soon. How do I go about getting named as executor of his estate without a will.
Also here in the US he has $45,000 in a bank where his is the only name on the account, how do we go about getting that? He has no property in the state of Fl but that is where his last residence was.
1 ANSWER
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You indicate that Florida was your brother’s last state of residence in the USA. You do not explain what your brother was doing in Thailand and whether he established legal residence there. His residency is important.
If he was truly a resident of Florida you need to hire a probate lawyer in Florida and have the lawyer open an intestate (no Will) probate.
If he was a legal resident of Oklahoma you could open the probate here. Again, because it is complicated by the multi-states/multi-countries issues and may fall under special procedures for streamlining small estates, you should hire an Oklahoma probate lawyer.
The state of Florida may also have some probate procedure for a small estate that would allow you to avoid the majority of the probate procedures, but you need to consult with a lawyer there, IF that is his state of residency.
If he was a legal resident of Thailand his estate would fall under Thailand’s laws. But I believe he was not, since Thailand has indicated you should provide them with a probate court order naming his executor in the USA.
Please accept my condolences on your loss and the difficulty of your current situation.
To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Aug 02nd, 2012 at 11:31 AM