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Big Boat causing problems

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BigBoat

Junior Member
What is the name of your state (only U.S. law)? FL

My father passed away 7 months ago. He had three boats and before he passed, he asked his children who wanted what boat. My brother got one, my sister got one and they are listed in the will to be given to them. When he asked me if I wanted the biggest boat, I told him no because I didn't think I could handle such a large boat on my own. The biggest boat was listed as a property asset in his will.

My dad bought the boat new in 1987. All of us grew up on the big boat. There are many memories associated with it and we were all upset about the thought of it being sold and not remaining in the family. Something I didn't consider when he asked me if I wanted it. Since he had offered it to me when he was living, everyone in the family verbally agreed that I should take ownership of the big boat so that it would stay in the family. I have the boat now and the title has been transferred to me.

Fast forward to now. The executor (not related and not listed in the will except as executor) is trying to wrap up the estate but the estate lawyer (who was unaware that the boat was given to me by the executor) has said that the probate judge won't accept verbal affirmation about the big boat going to me and everyone listed in the will needs to sign a letter stating that they agree that I should have the big boat.

There are 10 people, including myself, listed in the will (children and grandchildren). 9 of the ten have signed the letter except my niece (my dad's granddaughter). Seven months ago she verbally agreed but now because she is mad at her dad (my brother), for a reason unrelated to the will or me, has refused to sign the letter.

At this point I am looking for advice on what to do next.
 


BigBoat

Junior Member
The executor of the estate signed it over to me then I went to the DMV and had it transferred into my name.
 

Zigner

Senior Member, Non-Attorney
To be clear (for the OP): What the executor did was improper and can open him up to a lawsuit for a breach of his duties.
 

LdiJ

Senior Member
To be clear (for the OP): What the executor did was improper and can open him up to a lawsuit for a breach of his duties.
I am not sure that you could call that improper. Everyone agreed at the time that it was done and 9 out of 10 heirs have officially signed the paperwork now. Property can be distributed from an estate. It does not all have to be distributed in cash.

What I would be doing is asking the niece why she is holding up the estate. If she really is refusing to sign because she is mad at her father about something unrelated to the estate, she may not realize that she is actually holding up the estate and may simply sign off on the paperwork.
 

justalayman

Senior Member
I am not sure that you could call that improper. Everyone agreed at the time that it was done and 9 out of 10 heirs have officially signed the paperwork now. Property can be distributed from an estate. It does not all have to be distributed in cash.

What I would be doing is asking the niece why she is holding up the estate. If she really is refusing to sign because she is mad at her father about something unrelated to the estate, she may not realize that she is actually holding up the estate and may simply sign off on the paperwork.
But was the boat part of the op's share per the will of was it given in addition to his specified share?

If it was treated as part of his share nobody should have to sign anything as the executor can divide up assets as they see fit as long as the value is considered. Since everybody is having to sign off on the assignment it sounds like it was above and behond the op's specified share. If so, he owes anybody that would take from the residue of the estate their pro rata share of the value of the boat.

If the latter is what happened, yes, the executor could have just made himself liable for value of the boat.
 

Zigner

Senior Member, Non-Attorney
I am not sure that you could call that improper. Everyone agreed at the time that it was done and 9 out of 10 heirs have officially signed the paperwork now. Property can be distributed from an estate. It does not all have to be distributed in cash.

What I would be doing is asking the niece why she is holding up the estate. If she really is refusing to sign because she is mad at her father about something unrelated to the estate, she may not realize that she is actually holding up the estate and may simply sign off on the paperwork.
Yes, it was improper. The administrator didn't have written authorization to simply transfer assets as he saw fit. He thought it was ok to take a shortcut. Does it usually matter? No, but now one of the beneficiaries is claiming she didn't authorize it.
 

LdiJ

Senior Member
Yes, it was improper. The administrator didn't have written authorization to simply transfer assets as he saw fit. He thought it was ok to take a shortcut. Does it usually matter? No, but now one of the beneficiaries is claiming she didn't authorize it.
Is she? Or is she simply refusing to communicate with her father whom she is mad at and who is trying to get her to sign the paperwork?
 

BigBoat

Junior Member
Is she? Or is she simply refusing to communicate with her father whom she is mad at and who is trying to get her to sign the paperwork?

She is refusing to answer any of us. No emails, no texts or FB messages. It has been two weeks of repeatedly trying on my part and on the part of the others.

I will tell the executor that the estate lawyer is going to have to contact her.


Thanks for everyone's input.
 

LdiJ

Senior Member
She is refusing to answer any of us. No emails, no texts or FB messages. It has been two weeks of repeatedly trying on my part and on the part of the others.

I will tell the executor that the estate lawyer is going to have to contact her.


Thanks for everyone's input.
Have you actually tried to CALL her?...or to talk to her in person?
 

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