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Started By
Message
OB Mississippi Attorneys... Have a question about inheritance after death.
Posted on 9/16/14 at 5:43 pm
Posted on 9/16/14 at 5:43 pm
My FIL passed away last week and he wanted me and my wife to get his boat. My MIL wants to get it out from under the drive way as quick as possible. I'll bring it to the house not this weekend, but the next. My question is does anyone know what has to happen for the boat to get put in my name?
I know we can do an act of donation, but i'm not sure about who actually gets the boat b/c it was in his name only... Or to be honest what the process actually is...
I know we can do an act of donation, but i'm not sure about who actually gets the boat b/c it was in his name only... Or to be honest what the process actually is...
6
Posted on 9/16/14 at 5:50 pm to HebertFest08
Was him wanting you to get his boat in his will?
Posted on 9/16/14 at 5:54 pm to geauxfish24
Didn't have a living will... thats the problem. I think I read that my wife and my MIL get all things in his name in equal shares, just looked that up.
Posted on 9/16/14 at 5:57 pm to HebertFest08
Not exactly sure, but if you don't have any bro/sis in laws in play, then I think that's correct. Assuming it is, an act of donation should do the trick.
Posted on 9/16/14 at 6:02 pm to geauxfish24
Yeh, my wife was an only child...
I was not wanting to get a boat like this, but my FIL specifically said he wanted us to have it. Not anything crazy.... a little 17.5ft aqua sport osprey cc with a 90 etec on the back with probably less than 20hrs...
I was not wanting to get a boat like this, but my FIL specifically said he wanted us to have it. Not anything crazy.... a little 17.5ft aqua sport osprey cc with a 90 etec on the back with probably less than 20hrs...
Posted on 9/16/14 at 6:09 pm to HebertFest08
I've gone through a succession in MS without a will. The assets will break up evenly between your wife and MIL. If your MIL wants to give you the boat then I'm sure that could be negotiated in the settlement of the estate.
Posted on 9/16/14 at 6:38 pm to HebertFest08
I can give you the name and number of an excellent attorney in Biloxi if you need it
Posted on 9/16/14 at 7:18 pm to HebertFest08
Go talk to the judge and ask him/her what you have to do in order to claim said asset under succession of his property. Or, hire a lawyer that deals with successions.
Posted on 9/16/14 at 8:13 pm to CorkSoaker
wouldn't happen to know someone in BSL?
I think my MIL has one, but i'm not sure what type of work he does...
I got it covered over here, a buddy who stood in my wedding can take care of that... I know many people there, but most are in the medical field.
Biloxi is kind of a pain in the arse to drive back and forth to.
I think my MIL has one, but i'm not sure what type of work he does...
I got it covered over here, a buddy who stood in my wedding can take care of that... I know many people there, but most are in the medical field.
Biloxi is kind of a pain in the arse to drive back and forth to.
Posted on 9/16/14 at 9:28 pm to HebertFest08
No sorry. Closest attorney to bsl I can recommend would be in gulfport.
Posted on 9/16/14 at 9:32 pm to HebertFest08
Have your MIL draw up a simple bill of sale with a dollar being consideration. Register boat where you live. Did this with my grandpaw's boat when he passed even though grandmaw wasn't on the title, it was considered her property, too. I'm no lawyer, though. Sorry about your FIL, prayers.
Posted on 9/16/14 at 9:53 pm to CroakaBait
Have your MIL draw up a simple bill of sale with a dollar being consideration. Register boat where you live. Did this with my grandpaw's boat when he passed even though grandmaw wasn't on the title, it was considered her property, too.
This is what i was thinking... but may do an act of donation so I don't have to pay taxes. My thing is how can she do a transfer with it not being in her name... and how do we get her the authority to do that. Boat is paid for btw.
I'll have her ask her attorney there and see what he says.... i've read several different statements that have said my wife and MIL get all property that is in his name. I'd rather just get it in my name since i'd be the one doing everything with it...
This is what i was thinking... but may do an act of donation so I don't have to pay taxes. My thing is how can she do a transfer with it not being in her name... and how do we get her the authority to do that. Boat is paid for btw.
I'll have her ask her attorney there and see what he says.... i've read several different statements that have said my wife and MIL get all property that is in his name. I'd rather just get it in my name since i'd be the one doing everything with it...
Posted on 9/16/14 at 9:58 pm to HebertFest08
MIL will probably have an atty for the succession anyway, have him do what it takes to convey it to you along with the transfers of other assets
Posted on 9/17/14 at 6:52 am to HebertFest08
quote:
Didn't have a living will...
FYI. A living will states your wishes regarding your healthcare if you are no longer able to do so and has nothing to do with what you wish to happen to your possessions after you pass.
Posted on 9/17/14 at 7:31 am to MikeBRLA
quote:
FYI. A living will states your wishes regarding your healthcare if you are no longer able to do so and has nothing to do with what you wish to happen to your possessions after you pass
I knew that part due to being in the med field for a while, but wasn't sure if it entailed anything else. But thanks for clarifying that up.
Posted on 9/17/14 at 8:08 am to HebertFest08
Not sure about MS, but in Louisiana your MIL and all siblings-in-law can sign an Affidavit of Heirship and have it notarized. It basically states that they all agree that the item wasn't listed in a will and give all rights of transfer/sale to your MIL. Once that is done, your MIL can do an Act of Donation of the boat to you. I'm currently doing this for a trailer I'm buying from a friend. His dad passed away and no one can locate the title. Here's a link to the louisiana form just to give you an idea of what it looks like
Affidavit of Heirship
Affidavit of Heirship
Posted on 9/17/14 at 9:22 am to SpeckledTiger
You need a Bill of sale/act of donation signed by the heirs after the succession is settled. You'll also need a copy of the death certificate...
Then transfer in your name just like you bought it from whoever...
Then transfer in your name just like you bought it from whoever...
Posted on 9/17/14 at 9:37 am to SpeckledTiger
ST bringing the legal knowledge!
Most DMVs or other state registries have procedures set to allow transfer without going thru a succession
Most DMVs or other state registries have procedures set to allow transfer without going thru a succession
Posted on 9/17/14 at 9:51 am to SpeckledTiger
quote:
Not sure about MS, but in Louisiana your MIL and all siblings-in-law can sign an Affidavit of Heirship and have it notarized. It basically states that they all agree that the item wasn't listed in a will and give all rights of transfer/sale to your MIL. Once that is done, your MIL can do an Act of Donation of the boat to you.
Not necessarily. The fact that is was or wasn't listed in the will has no bearing upon whether the MIL can dispose of it. If there is a will there may be a residuary legatee. Is there a lien on the title, was the estate solvent, is an administration required? Whole lot of info missing from the OP.
The only good advice given in this thread is to a Mississippi attorney.
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