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Irwin Law
Irwin Law, Attorney
Category: Estate Law
Satisfied Customers: 7414
Experience:  30+ yrs. handling probate estate, wills, trust, inheritance & real estate related matters
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My father died a year and a half ago. Last September I

Customer Question

my father died a year and a half ago. Last September I received a certified letter from my brother that if I wanted a boat I had gifted to my father that I had 2 weeks to retrieve the boat or it would be sold at the auction. My brother is executor of the estate. I told him was impossible for me to retrieve in such short notice, that I did not have title to boat anyhow, I live in texas and father was in SC, and that it would have to be sold as there was nothing I could do in a 2 week period. Now today I hear from my brother that the boat was sold, my father placed me on the title along with himself, and that I have to sign the boat over he wants to send me the title. I believe if then the boat was legally mine, as I did not ask my father to put me on the title, but if it was or is legally mine, then I am entitled to the profits. My brother says no the money is going towards the estate. He also has threatened me with if I do not sign over the title he will refund the man his money and now scrap the boat and charge me for the hauling and scrapping of the boat and will deduct from my portion of the estate. I do not even know where the boat is. I told him I am happy to sign but I am entitled to the money. I would like an answer, I do not have money to hire a lawyer, but I would like if I could have a lawyer call him and tell him what the law is whatever that may be. Obviously we are estranged..
Submitted: 1 year ago.
Category: Estate Law
Expert:  Irwin Law replied 1 year ago.

If your name was on the title along with your father, then the entire boat may belong to you by right of survivorship. This has to be checked out under the SC joint ownership statutes, and that can be time consuming research. At the very least, one half of the boat belonged to you and you should be entitled to at one-half of the proceeds. That would be a natural compromise position. We are not licensed to practice law in SC, so we cannot contact your brother on your behalf. I hope that this information is helpful and that you will rate it a as a 3, 4 or 5.

Expert:  Irwin Law replied 1 year ago.

Hello again. I hope that my Answer has been helpful. If you need more information, please send me a Reply. If not, I hope that you will enter a positive rating for my Answer By clicking on 3, 4, or 5, so that I can receive credit for assisting you. There is no additional charge for doing so. Thanks again for using JUST ANSWER.