dead brother's motorycle

[toyotaboy]

Here's my situation. My brother was killed in an automobile accident 5 years ago. I filed for administration of estate, but I was challenged by his ex-wife and her son (my brother's son) became administration of estate (actually a bank became the holding company because he was only 7 at the time). The case went to court about 2 years ago, and all was settled. The person was sued for wrongful death, half went to my brother's girlfriend (who was badly injured), and half went to my nephew. Fast forward to present day, my brother's best friend put my brother's motorcycle in storage at a local bike shop, but now they're closing, so they can't store it anymore. I'm looking to transfer the title, but now I find out that illinois law says that I have to not only have a death certificate (which I have), but I have to have a signed paper from the administrator.

http://www.cyberdriveillinois.com/departments/vehicles/title_registration/corrected_deceased.html

I have a good feeling that if I attempt to do so, they'll simply say "oh goodie, more money for us, thanks for dropping off the bike".

My question is, is there any way of transferring title without needing the authorization from the administration of the estate? Is there some grace period where they can't legally touch it? Can I simply say I lost the title and have a new one issued? This is more than a monetary issue, my brother's motorcycle means a lot to me and I would hate to see it get sold off in auction to some stranger and never see it again.

 

[moburkes]

Here's my situation. My brother was killed in an automobile accident 5 years ago. I filed for administration of estate, but I was challenged by his ex-wife and her son (my brother's son) became administration of estate (actually a bank became the holding company because he was only 7 at the time). The case went to court about 2 years ago, and all was settled. The person was sued for wrongful death, half went to my brother's girlfriend (who was badly injured), and half went to my nephew. Fast forward to present day, my brother's best friend put my brother's motorcycle in storage at a local bike shop, but now they're closing, so they can't store it anymore. I'm looking to transfer the title, but now I find out that illinois law says that I have to not only have a death certificate (which I have), but I have to have a signed paper from the administrator.

http://www.cyberdriveillinois.com/departments/vehicles/title_registration/corrected_deceased.html
I have a good feeling that if I attempt to do so, they'll simply say "oh goodie, more money for us, thanks for dropping off the bike".

My question is, is there any way of transferring title without needing the authorization from the administration of the estate? Is there some grace period where they can't legally touch it? Can I simply say I lost the title and have a new one issued? This is more than a monetary issue, my brother's motorcycle means a lot to me and I would hate to see it get sold off in auction to some stranger and never see it again.

The motorcycle should have been part of the estate. If there were no outstanding bills, then it can be sold, and the proceeds distributed.

 

[Happy Trails]

I agree with MO.

You should consider buying the motorcycle if it means that much to you.

From Illinois statutes:

5/2-1. Rules of descent and distribution

Section 2-1. Rules of descent and distribution. The intestate real and personal estate of a resident decedent and the intestate real estate in this State of a nonresident decedent, after all just claims against his estate are fully paid, descends and shall be distributed as follows:

(a) If there is a surviving spouse and also a descendant of the decedent: 1/2 of the entire estate to the surviving spouse and 1/2 to the decedent's descendants per stirpes.

(b) If there is no surviving spouse but a descendant of the decedent: the entire estate to the decedent's descendants per stirpes.**************...

 

[toyotaboy]

Thanks for the replies, I figured as much. Well since I'm in debt and don't have $9k lying around to buy it, most likely I'm going to lose posession. I suppose I could talk to his ex and see if she'll let me buy it for $1, but seeing as how the kind of person she is I doubt that will happen. I did dig this up:

5.4 Newly Discovered Property

On occasion, years after a probate case is closed, someone will discover that decedent owned other property that was not included as part of the original probate. If it has been more than one year since the verified closing statement has been filed, the case will have to be reopened in the district court. If this property is discovered after an estate is settled and the personal representative discharged, only the district court has jurisdiction to appoint a successor personal representative to administer the subsequently discovered property. Section 45-3-1008.

Sounds like if the case officially closed for at least a year, a new case would have to be opened, requiring an administrator to be re-assigned. That's not to say that she won't protest it and win anyway, but it might be the only chance I have. I would assume she would be contacted if the case got re-opened?

 

[moburkes]

Seriously.

If this bike is worth $9k and she has no use for it, it wouldn't make any sense, unless she is independently wealthy, not to attempt to sell it for that much. She could likely use the money.

You, on the other hand, are looking for a $9k gift.

 

[toyotaboy]

She could likely use the money. You, on the other hand, are looking for a $9k gift.

Actually I'm not. I wasn't going to elaborate, but perhaps I need to make things more clear. This ex-wife is a bible thumping christian, nothing wrong with that but she HATES motorcycles. My nephew is going to have pretty much NOTHING physical of his dad as a memento when he grows up, nothing. This was the one thing I wanted held onto so that if he decides when he turns 18 that he wants the bike, he is welcome to it (so no, it's not really a $9k gift in my eyes, it's keeping a bike in working condition). My only intention is to ride the bike so it doesn't dry rot. Honestly, a 1200cc harley isn't my first choice of a motorcycle, it just happened to fall into my hands. If I give up the bike now, it will be sold off, and perhaps never seen again (by me, by my nephew, anybody). Who knows what the next owner will do to it, swap out parts, maybe even total it. It won't be the same bike even if I could find it 6 years later through the VIN number.

Point is, I want my nephew to make the decision whether he wants the bike, not her. She doesn't even let me see my nephew, in fact she's basically ceased all contact with our whole family ever since my brother died. Also, she took NOTHING of his personal property, she left it all with his girllfriend, all she wanted was the money. Another tidbit of info, she also has a few million dollars in the bank which she lives off the interest (her dad was a teamster), so she's never worked a day in her life. A bike is just more money in the bank to her.

So I know you might think I'm just looking to score a free bike, but I'm not. She recieved a $750k settlement from the lawsuit. What did I, my mother and father get? zilch, goose egg, where's our settlement for our loss? Actually my father got a negative $10k for funeral costs, she didn't even cover that cost (which legally they were supposed to, but her lawyer ignored dozens of written requests). So in my mind, I'm almost thinking go ahead and open the case back up, you want to fight over a motorcycle? the case re-opening means my dad has another shot at getting his $10k back.

I hope this doesn't sound defensive, I'm not trying to be.. it's just a frustrating situation. My brother's divorce decree specifically said in writing that if he should die, she has NO control over his assets, but her lawyer found the "bank" loophole so that paperwork had absolutely no value, even my lawyer was shocked that the judge decided the way he did.

 

[moburkes]

Then get a loan for $9k and ask her to sell it to you.