Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Apr 2017
    Posts
    20

    Default If Someone in Possession of Your Property Becomes Deceased

    My question involves personal property located in the State of: Texas

    In short, I have a personal mechanic I have used to work on my car. He runs his own shop at his residence but its a 1 man show. I purchased a motor and authorized him to pick it up and store it at his location. Well, not long after he was admitted into the hospital. If something were to happen to him and he were to become deceased, what would I need to do to re-obtain my property? I have reciepts and proof that he picked up the motor, but who would it need to go through?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,434

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting Kaiden
    View Post
    My question involves personal property located in the State of: Texas

    In short, I have a personal mechanic I have used to work on my car. He runs his own shop at his residence but its a 1 man show. I purchased a motor and authorized him to pick it up and store it at his location. Well, not long after he was admitted into the hospital. If something were to happen to him and he were to become deceased, what would I need to do to re-obtain my property? I have reciepts and proof that he picked up the motor, but who would it need to go through?
    You'd need to contact the executor of his estate about that. It may take a period of some day or weeks before an executor is appointed.

  3. #3
    Join Date
    Apr 2017
    Posts
    20

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting Taxing Matters
    View Post
    You'd need to contact the executor of his estate about that. It may take a period of some day or weeks before an executor is appointed.
    Thanks, how would I find out who that is?

  4. #4
    Join Date
    Nov 2013
    Posts
    6,475

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    If he were to die and he had a will, probate would be opened in the probate court in the county where he lived. If he died intestate (no will), then it could be some time before someone steps forward to administer his estate. That also can be check at the clerk's office of the probate court.

    If he has a wife or children, you can always ask them. You can check his obituary as to who survives him and you can check the official newspaper of the county (legal section) for the publication of the notice to interested parties (creditors, etc.).

    Since he is still alive, you can go visit him and ask.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,236

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting Kaiden
    View Post
    what would I need to do to re-obtain my property?
    If you were smart, you would go get it NOW.

    I've read too many posts like yours where the poster ends up never getting his property back.

  6. #6
    Join Date
    Apr 2017
    Posts
    20

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting adjusterjack
    View Post
    If you were smart, you would go get it NOW.

    I've read too many posts like yours where the poster ends up never getting his property back.
    yeah Im feeling this way too, I was trying to hold out because he was a good mechanic and don't want to hurt his ego but its really worrying me because its a $4,000 motor.

  7. #7
    Join Date
    Mar 2013
    Posts
    17,236

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting Kaiden
    View Post
    its a $4,000 motor.
    Go get it.

    Worry more about your motor than his ego.

  8. #8
    Join Date
    Oct 2006
    Posts
    15,685

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting adjusterjack
    View Post
    If you were smart, you would go get it NOW.

    I've read too many posts like yours where the poster ends up never getting his property back.
    How could he go get it now? Its a one man show and the one man is in the hospital. I assume you are not suggesting that the OP break and enter?

  9. #9
    Join Date
    Oct 2014
    Posts
    7,434

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting llworking
    View Post
    How could he go get it now? Its a one man show and the one man is in the hospital. I assume you are not suggesting that the OP break and enter?
    Moreover, there are two problems here. First, the motor may not yet belong to the OP. Sure, the mechanic bought it for the OP, presumably for the purpose of installing in a vehicle for the OP. But the mechanic bought it, and until he turns it over to the OP the mechanic may well be the owner of it. If the OP takes it and is not the owner of it then he potentially commits theft. The details of the transaction really matter on that, and we don't have those details. Second, picking up the motor now might end up being a breach of contract if the deal was that the mechanic was going to be paid to install that motor.

  10. #10
    Join Date
    Oct 2006
    Posts
    15,685

    Default Re: If Someone in Possession of Your Property Becomes Deceased

    Quote Quoting Taxing Matters
    View Post
    Moreover, there are two problems here. First, the motor may not yet belong to the OP. Sure, the mechanic bought it for the OP, presumably for the purpose of installing in a vehicle for the OP. But the mechanic bought it, and until he turns it over to the OP the mechanic may well be the owner of it. If the OP takes it and is not the owner of it then he potentially commits theft. The details of the transaction really matter on that, and we don't have those details. Second, picking up the motor now might end up being a breach of contract if the deal was that the mechanic was going to be paid to install that motor.
    The OP stated that he/she purchased the motor and authorized the mechanic to pick it up. Therefore I don't think that it can be said that the mechanic is the owner of the motor. However, I agree with the second part of what you said, along with the fact that I don't believe that there is any way that the OP could "pick it up" at this point.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Adverse Possession: Adverse Possession when the Owner is Deceased
    By LanaGonzalez in forum Real Estate Ownership and Title
    Replies: 9
    Last Post: 11-09-2014, 05:56 AM
  2. Estate Assets and Debts: Claiming Unclaimed Property for the Deceased
    By terrymcp63 in forum Estate Planning, Administration and Probate
    Replies: 2
    Last Post: 11-07-2014, 09:50 AM
  3. Adverse Possession: Adverse Possession if Property Owner is Deceased with No Probate Estate
    By navolution in forum Real Estate Ownership and Title
    Replies: 4
    Last Post: 03-28-2011, 06:11 PM
  4. Eviction Process: Writ of Possession Upon Deceased Party
    By itsmehoop in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 12-26-2008, 08:59 PM
  5. Who has right to Property of Deceased
    By beto in forum Estate Planning, Administration and Probate
    Replies: 1
    Last Post: 01-02-2006, 12:59 PM
 
 
Sponsored Links

Legal Help, Information and Resources