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Ely
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I need an answer about Wyoming cattle sales...My husband had

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I need an answer about Wyoming cattle sales...My husband had 3 roping steers he told his adult children they could have without sharing that with me. My stepson arranged to sell the cattle one weekend and I told my husband I was not comfortable with it. The cattle were not branded and two of them were in my husband's name. The next weekend we went away for our anniversary and my stepson stayed here to take care of the place. He sold the cattle and did not tell my husband until we returned home. His brother, who is a brand inspector, approved the final sale. If the cattle were in my husband's name, when they are sold, wouldn't my stepson have to have a signed bill of sale from my husband in order to make the sale to give the check to my stepdaughter?
Submitted: 1 year ago.
Category: Business Law
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

You state that two of them were in your husband's name. What about the third - whose name was that steer in?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Well they were raised on our ranch and without a brand they would technically be my husband Kent's. One of them was from my stepson's cows, so that one was his, but they were unbranded cattle.

Expert:  Ely replied 1 year ago.
Thank you, L. I was just making sure.

If the cattle were in my husband's name, when they are sold, wouldn't my stepson have to have a signed bill of sale from my husband in order to make the sale to give the check to my stepdaughter?

The answer is yes. At least, this is in theory. What happens is that the brand inspector will want to see a contract that gives your husband's cattle to your stepson, or at least a Power of Attorney that allows your stepson to sell the cattle on your husband's behalf.

He had neither, although he had your husband's verbal allowance to do so. Because the brand inspector was family, they likely took your stepson's word for it. They normally should not do so, but the brand inspector decided that there is little chance that the stepson was actually lying.

In an analogy, think of a notary signature. Normally a notary needs proof if ID. But some notaries will stamp their stamp even without seeing the ID if they know the individual who is signing.

So this is what happened here. Now, if your husband does not oppose this, then the matter is settled since even if done improperly, the actual owner is in agreement with the sale and all is done.

However, if your husband opposes the sale, theoretically, he can pursue your stepson and/or the brand inspector, in court for the matter (as there is no proof of the fact that he allowed the sale, and a verbal agreement is hard to proof).

But, it is your husband's decision to do so.

I hope this helps and clarifies. Best of luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Attorney
Category: Business Law
Satisfied Customers: 89141
Experience: Counselor at Law.
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Expert:  Ely replied 1 year ago.
Thank you for your gratuity.

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