PDA

View Full Version : legal advice



wanda45451964
10-30-2009, 03:12 AM
I looked every where on here and couldnt find a thread about this so i decided to make one. If a person dies and they dont have a estate at all, other than a few personal things, nothing of no value really and that person gave someone something but didnt give them a legal document like registeration to a car or whatever with their signature on the back so that person could have it after the person died, And you were the care giver to this person for months. Can you sell that item if the deceased person changed their mind with out teling the other party that they did, and you still have the legal paper work, because the deceased person decided to sell the item himself or give it to someone else.

icerose
10-30-2009, 03:14 AM
Maybe this would be better suited in story experts area.

If you are talking about a real life situation you should be talking to an estate attorney, you wouldn't want to risk getting bad legal advice because really in the end you would be responsible.

Cranky
10-30-2009, 03:30 AM
I agree, this one should probably go to the research forum. I'll echo icerose also about the legal advice. If you are talking about a real-life situation, you should definitely speak to an estate attorney, not message board folk, nice as we are. :)

Hang on for the move!

wanda45451964
10-30-2009, 03:44 AM
I just wanted your personal views on this matter. If someone gives you something while they are sick and you know that they are dying, when they do die do you go and pick it up with in a few days after funeral or not at all if you really didnt wont it in the first place.

icerose
10-30-2009, 03:50 AM
If you don't want it, leave it. There's really no point in taking something you didn't want. If you aren't family and the dead person gave it to you, you could be in for a fight. Estate wars, even if they're boots and tools can get really really ugly.

So first decide how much you want it, then decide if you can prove whether or not it was given to you, especially if it wasn't family, and then pick your battles very carefully and be prepared for the family (even if they are your own) to be willing to draw blood over that item.

Cyia
10-30-2009, 03:56 AM
If the person is dying, you'd have to have proof they're in their right mind at the time they made the decision (like a non-related and non-profiting witness or 2) - especially if the gift was given within days of death from a prolonged illness.

dpaterso
10-30-2009, 04:25 AM
If I'm understanding the original post correctly...

If you have the paperwork that gives you ownership of the car, signed by the deceased person, then the car is yours. They can't will it or otherwise offer it to someone else after the fact.

In the UK, you'd have to send the vehicle registration slip to the DVLA (Driver and Vehicle Licensing Agency) to inform the powers that be of change of ownership, so you become the new registered owner. Maybe there's a U.S. equivalent process? Or a notary service?

-Derek

wanda45451964
10-30-2009, 05:08 AM
I had the regsisteratiom myself, it was still in deceased name. This person was told to get item after the person died, and stated to several people that he did not won't item, the deceased person had since changed his mind after telling person that they could have it, so he kept all papers himself<deceased person, so we sold it. now person is mad, but i feel like this, if deceased person wanted the other person to have it when he died, then he should have given him all the papers.

poetinahat
10-30-2009, 05:13 AM
This isn't a matter of opinion; even the thread title is "Legal Advice". I'm not touching it.

jennontheisland
10-30-2009, 05:25 AM
My legal advice: ask a lawyer.

icerose
10-30-2009, 05:27 AM
I had the regsisteratiom myself, it was still in deceased name. This person was told to get item after the person died, and stated to several people that he did not won't item, the deceased person had since changed his mind after telling person that they could have it, so he kept all papers himself<deceased person, so we sold it. now person is mad, but i feel like this, if deceased person wanted the other person to have it when he died, then he should have given him all the papers.

You need real legal advice pronto.

AW Admin
10-30-2009, 05:31 AM
There are laws against offering legal advice if you are not a lawyer.

Even if you are a lawyer there are all sorts of issues around offering legal advice in a public forum.

If you want legal advice, go to a lawyer.

I'm locking this thread.