Boat Title and Registration
My question is in regards to a boat title and registration. I want to purchase a boat from a friend, the problem I am having is the title is in his grandfathers name who is no longer alive. He gave the boat to his grandson before he died but he failed to give the grandson the paperwork. Unfortunately the paperwork is lost and or destroyed. My question is how can my friend show proof of ownership to renew the title or even register the boat? They have different last names, and the boat was registered 10 years ago. This is in Rhode Island where the DEM handles all of that process. I have contacted the DEM and they stated that my friend needs proof of ownership. Any legal advice would be greatly appreciated. Thanks.
Re: Boat Title and Registration
what proof of ownership does the friend have?
Since the title was never transferred, as far as the state is concerned, it was part of the grandfathers estate at the time of his death. Was probate filed so as to administer the estate? Was the boat addressed in those proceedings?
Re: Boat Title and Registration
Yes, the boat was never transferred out of the grandfathers name. Therefore, my friend really has no proof of ownership of the boat himself. Just a "gift" that legally never happened.
I'm a 3rd party and was not apart of the process, so I'm not sure if probate was filed. I do seriously doubt though, but it is certainly worth investigating. Other than the probate, is there any legal action that we can do at this point in the game?
Re: Boat Title and Registration
There's no "we" here.
You'd have to be a fool to give him money for the boat unless he has a title with his name on it.
Otherwise your money goes down the toilet and you end up with a boat that you don't own.
That being said, if boats are titled like motor vehicles he might be able to get a title issued in his name if he posts a bond.
See 31-2.1-9 (2)
http://law.justia.com/codes/rhode-is.../31-3.1-9.html
This is your friend's problem. I suggest you back away from the deal and let him figure out how to get title in his name.
Re: Boat Title and Registration
If there was never an estate probated and family members agree he might be able to process as small estate.
http://sos.ri.gov/documents/probate/pc1.9.pdf
Re: Boat Title and Registration
I am absolutely responsive to what you are saying, however the is really no liability here. My friend is basically giving me the boat because I am going to restore it, which is exactly what he wants as well. So with money not being an issue, it's just a matter of getting it in my name before I sink any money into it. I'm obviously not gong to invest any money into it until I get the boat in my name. That is why I have no problem trying to help him retrieve the title.
I'm really new to the legality of this, but is there a way he can sign a probate to forfeit the title from his grandfather?
Re: Boat Title and Registration
Re: Boat Title and Registration
Quote:
Quoting
Crosby
I'm really new to the legality of this, but is there a way he can sign a probate to forfeit the title from his grandfather?
You do not understand what probate is apparently. That is where the decedents estate is administered with whatever bills outstanding being paid (if there are enough assets in the estate) and the remaining assets divided either per a will, if there is one, or per the laws of intestate succession of the laws of the resident state of the decedent.
So, if probate was opened and completed, there is an owner of the boat. The title should have been transferred to them as part of the probate process. That needs to be investigated.
How long ago did the person on the title die?
Re: Boat Title and Registration
Thank you for clarifying. I was under the impression it meant a surrender of title from the deceased. I stand corrected. Please excuse my ignorance, but is there a way to surrender the title without having paperwork? Proof of heirs to the deceased?
I honestly don't know how long ago he had passed, but I will certainly find out. It was obviously less than 10 years ago as that's when he last registered the boat.
Thank you for your time and advice.
Re: Boat Title and Registration
Find out about the probate or administration of the estate. What happened there could control what you have to do to obtain a title. It likely has some effect on the situation even if it does not directly control the situation. Depending on how long ago any possible administration/probate took place, it may be a not too big of a deal all the way to a "know way is the administrator of the estate going to even consider attempting to straighten this out" problem.
Do realize this is your friends problem. He is the one claiming ownership that he wishes to transfer to you. He is going to have to prove that ownership at some point for your purchase to be valid.