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more to this story is needed. I mean i suppose uncle could have been on numbered days and signed title before death and that would have to be verifiable. If trusted uncle had nephews asset, in this case the boat, in his name thats perfectly understandable and legal for whatever reason. Its the who signed what where when and why that makes it sketchy. You really just need to look at it exactly as it stands and how they situation unfolded to determine your actual risk.
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Everything about this stinks. Maybe it's legit, maybe its not. I'd pass.
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Factor in time lost, inconvenience ( Monster P.I.A) and possible legal fees if you are involved in a misrepresented/shady sale and see if the boat still seems like a good buy..... lawyers love money and thieves don't care how bad you get screwed
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Laws regarding possessions of deceased persons vary from state to state. In Michigan, the only person that can transfer a title is the executor of the estate,(so named prior to death of owner) or a "court appointed personal representative" who must show the court documents & death certificate to the secretary of state when applying for the new title. Either way, the sellers must provide you a clean title with one of their names on it. If they can't / won't provide that, RUN FORREST RUN!
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Originally Posted by bck
(Post 4560848)
Could be a legit boat and sale, but you never know. Best case scenario is that you now have to take on the stress, hassle and potential issues this guy created by trying to hide assets.
He's not likely to change the title into someone else's name prior to selling it to you as that would likely require paying sales tax. As far as the dead uncle who signed the title, lots of potential issues. Did he have an estate? Creditors who are owed money? In my state the dmv has guidelines also about getting rid of the vehicles after someone dies. What if the guys ex and her attorney get wind of the sale? Once the check clears you'll likely be on you own for any red tape issues that arise. You can't even claim not knowing because the person you are dealing with is not who's name is on the title and you are writing a check to yet a third person. Better be a screaming deal and even then you better go above and beyond to cover your butt if that's even possible. |
Originally Posted by SB
(Post 4560769)
His problems should not be your problems. Have him straighten it out.
Absolutely correct. |
So if this was a hidden asset in divorce proceedings that gets discovered, can the ex come after it?
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Originally Posted by rak rua
(Post 4560767)
Agree with the above ^^^^
His story makes sense to me but you need to be legally covered. Whatever name is on the title should be the name you put on the cheque. If the payee is deceased, the money can still be paid into his trustees account and it becomes part of his estate and divided up according to his will. If he's been dead a looong time and trustee accounts are all closed, it's up to the vendor to get the title in a name to whom you can write the cheque. As Sydwaz stated. Dont give up on the boat, just do a bit more legwork, maybe pay a lawyer a few hundred to do the work for you? RR |
Guy who legally owns a boat is dead
Dead man signed the title Nephew who claims to own the boat hid assent in divorce Said Nephew wants check to be made out to a third party Same said Nephew then says find another Bank Tell him to find another Buyer. |
Originally Posted by Pez Man
(Post 4560984)
Guy who legally owns a boat is dead
Dead man signed the title Nephew who claims to own the boat hid assent in divorce Said Nephew wants check to be made out to a third party Same said Nephew then says find another Bank Tell him to find another Buyer. |
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