Found an issue on this page? Let us know and we will look into it as soon as possible.
Do I need a lawyer to put a boat in my name. That was to be mine. At the time of death from the person who bought it?
Anonymous12 views3 answers
My elderly neighbor that I've known all my life. Had become ill the last 2 yrs. I became his caregiver. During those 2 yrs he bought a pontoon boat. And put it in writing that upon his death the pontoon was to be given to me. He signed it along with his son and a registered nurse as a witness. Sadly he passed away in April 2015. With his son knowing and agreeing to his father's wishes. His son is now giving me a hard time about letting me put the pontoon in my name. My neighbor gave me the title and registration when he had the letter drawn up that his son signed. I would like to know what I can or have to do.
I agree with Mr. Frederick. Because you are not an heir, you will have to petition the probate court to treat the writing as a will. If there is already a will, you will have to petition the probate court to treat the writing as a codicil.
Hiring a probate lawyer to help you will give you a much greater chance of success.
This is a great example of people trying to do something sensible, only to learn that it doesn't do the job.
Best of luck getting the writing to float through probate court.
I agree with Attorney Emaus. To be more specific, it is likely that you will need to petition the probate court to admit the writing as a Will. With vehicles, there is a special Michigan law that allows the heirs to avoid the need for probate, as long as the total value of vehicles is less than $60k. In your case, however, you are not an heir. The only way the boat would pass to you is under the writing, which you will ask the court to treat as a Will. Presumably, the son may try to fight you on this. You would have a much better chance of success with the help of a lawyer. Of course, this could become cost-prohibitive if the son fights you. If there is another Will, this would further complicate matters, and would force you to argue that the writing should be treated as a codicil to the Will.
James Frederick
