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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33766
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I signed my motorcycle over to my dad a week before he

Customer Question

I signed my motorcycle over to my dad a week before he passed away with a verbal agreement for him to pay me money for it. How do I get my motorcycle back in my name in South Carolina? I did not receive any money for the bike because he was going to trade it in and pay me cash but then later decided we would sell it then give me the money from that. The only things that's are in his name are my motorcycle, car, and his victory motorcycle. The victory motorcycle we are trying to get the bank to take back but they won't take it back unless we sign something saying we'll pay what's owned on if they cant sell it for what's owed. We are not willing to signed that. So I'm not sure how to proceed with getting them to come and take that bike. My family doesn't want that victory motorcycle. I would say with all vehicles the estate would be worth less than 25,000. If the victory motorcycle doesn't count against his estate, then I would value the estate at 13,00. I know it needs to go through probate court but I'm not sure how to proceed due to the victory motorcycle.
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

Expert:  Barrister replied 5 months ago.

Has anyone filed a probate case to settle father's estate?

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Did he have a will when he passed?

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Do you have anything in writing showing what he agreed to pay you for the bike?

Customer: replied 5 months ago.
Nobody has case filed case to settle my dad's estate and there was no will.
Customer: replied 5 months ago.
Nothing is in writing just a verbal agreement with my mom as witness to this
Expert:  Barrister replied 5 months ago.

Ok, here is the problem you are going to run into... When father passed, anything in his name solely then becomes an asset of his estate. And only the Administrator of his estate has the legal authority to do anything with the estate assets. And you only get to be Administrator by filing a probate case to settle the estate.

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So if there are other creditors that father owed money or who might sue the estate for money, then all his assets would have to be sold to pay creditors.

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Now, with that said, if you had a verbal contract with father to pay you $XXXX for the bike and someone files a probate case to settle his estate, then you can file a "creditor claim" against the estate for that money. The Admin can then liquidate any assets to pay you back for the bike. So if the Admin sold you the bike back for exactly what you agreed with father to pay you, then it turns out to be a wash and he would just sign the title to the bike back over from the estate to you.

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As for the Victory bike, if the estate doesn't have enough liquid funds to pay it off, then the Admin would just notify the bank that it can't be sold for payoff and they can come get it.. Only the estate is liable for any of father's debts, so if there is no money in the estate, then the creditors just don't get paid.

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thanks

Barrister

Expert:  Barrister replied 5 months ago.

Did you have any further questions I can help with?

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thanks

Barrister

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