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O-T lawyers..I need your input

Posted on 6/17/16 at 1:58 pm
Posted by NatalbanyTigerFan
On the water somewhere
Member since Oct 2007
7593 posts
Posted on 6/17/16 at 1:58 pm
Let's say that you and I are good friends for the last 30 years and you've had a business behind your house working on vacuum cleaners for 5 years.

I go to school and become certified to work on airplanes.

You and I decide after nothing more than a verbal agreement, to expand your shop and make an area for me to work on airplanes.
I pay for the entire expansion and afterward I move all of my specialty tools into my part of the shop. I personally purchase all of these tools.

Then one day I die in a car crash without having left a will or any other documents on what I want done if I died.

Do you now own all of my tools and belongings or does the surviving family that has receipts for everything in the shop now own it?
Posted by TDcline
American Gardens building 11th flor
Member since Aug 2015
9281 posts
Posted on 6/17/16 at 2:02 pm to
quote:

You and I decide after nothing more than a verbal agreement


This would be your frick up.


Also, i'm not a lawyer but I did stay at a Holiday inn express last night.
This post was edited on 6/17/16 at 2:03 pm
Posted by dawginar
Member since Jan 2012
966 posts
Posted on 6/17/16 at 2:03 pm to
You'r not planning on keeping your dead friends stuff are you.
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65617 posts
Posted on 6/17/16 at 2:05 pm to

Having a house next to a runway sounds a tad odd...
Posted by NatalbanyTigerFan
On the water somewhere
Member since Oct 2007
7593 posts
Posted on 6/17/16 at 2:05 pm to
quote:

You'r not planning on keeping your dead friends stuff are you.

Nope
I'm on the other side of this. I'm the family of the deceased.
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 6/17/16 at 2:07 pm to
quote:

Do you now own all of my tools and belongings or does the surviving family that has receipts for everything in the shop now own it?


The answer depends on whether or not you and I had formed a partnership before your demise, and it's not possible to answer that question on these facts. IF you and I had formed a partnership, the tools and whatnot would be property of the partnership, BUT your family would inherit your share of the partnership including a share of the value of the tools.

*I am not a lawyer and this is not legal advice*
This post was edited on 6/17/16 at 2:10 pm
Posted by NatalbanyTigerFan
On the water somewhere
Member since Oct 2007
7593 posts
Posted on 6/17/16 at 2:08 pm to
quote:

he answer depends on whether or not you and I had formed a partnershi

There was no partnership
Posted by NASA_ISS_Tiger
Huntsville, Al via Sulphur, LA
Member since Sep 2005
7976 posts
Posted on 6/17/16 at 2:09 pm to
I'm no lawyer but if there is any way to identify the deceased's property as theirs...I wouldn't think the shop owner could keep it as their own. It would have go into a secession for the family to decide who gets what (without a will).

Without receipts or other identification of the property how could the deceased's family or legal system know it's theirs...sure it's an airplane tool versus a vacuum cleaner tool...but still...
Posted by UncleRuckus
Member since Feb 2013
7632 posts
Posted on 6/17/16 at 2:10 pm to
You're not getting your dads stuff unless his friend wants to give it to you
Posted by HooDooWitch
TD Bronze member
Member since Sep 2009
10261 posts
Posted on 6/17/16 at 2:10 pm to
First off you should have permits to work on airplanes in residential neighborhood
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 6/17/16 at 2:11 pm to
quote:

There was no partnership


Ok good, then what was the arrangement?
Posted by Bmath
LA
Member since Aug 2010
18664 posts
Posted on 6/17/16 at 2:12 pm to
quote:

There was no partnership


Then it sounds like two separate businesses. So vacuum cleaner guy would not own any of the parts or tools. The building expansion, while paid for by the airplane guy, may be a different issue if it is on the property owned by vacuum cleaner man if there was no formal agreement.

Are you trying to get the vacuum cleaner guy to buy out your family for the expanded portion of the building?
Posted by NatalbanyTigerFan
On the water somewhere
Member since Oct 2007
7593 posts
Posted on 6/17/16 at 2:13 pm to
The family has all of the receipts were the deceased paid for the expansion and bought all of the tools.
Posted by HogBalls
Member since Nov 2014
8587 posts
Posted on 6/17/16 at 2:15 pm to
Go choke the vacuum guy to within a inch of his life and I bet he gives you the tools. Will probably even deliver them to you. Sometimes a good arse kicking works wonders.
Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 6/17/16 at 2:16 pm to
not sure but can i have that guy's number, my vacuum is having issues?
Posted by NatalbanyTigerFan
On the water somewhere
Member since Oct 2007
7593 posts
Posted on 6/17/16 at 2:17 pm to
The family wants all of the tools bought by the airplane guy returned and the vacuum guy says they now belong to him.
Posted by mrPresident
Member since Aug 2015
439 posts
Posted on 6/17/16 at 2:20 pm to
If you can prove that the items are yours then you'll be fine. If not, the other guy will get the benefit of the doubt since the items are stored on his property. A lot of he say/she say but if the items he is claiming does not coincide with his business and does with yours you may have a shot to recover them in court. Prepare for a sticky situation.
Posted by soccerfüt
Location: A Series of Tubes
Member since May 2013
65528 posts
Posted on 6/17/16 at 2:20 pm to
I heard the Vacuum repair business sucks.

I also heard that the upside of the airplane repair business is taking off.

I did also heard that there's a KFC $5 meal deal for two pieces of crispy chicken with two sides and a drink.

I further did also hear that trying to cheat a 30 year dead friend's family out of his shite is bad gris gris.
Posted by subMOA
Komatipoort
Member since Jan 2010
1706 posts
Posted on 6/17/16 at 2:21 pm to
And how much rent did Orville Wright pay for his part of the shop to be on the property? Utilities?
This post was edited on 6/17/16 at 2:25 pm
Posted by Chad504boy
4 posts
Member since Feb 2005
166135 posts
Posted on 6/17/16 at 2:21 pm to
quote:

I further did also hear that trying to cheat a 30 year dead friend's family out of his shite is bad gris gris.


and to top it all off, none of us have heard his side of the story... so......
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