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My friend that I was living with and care taking, gave me…

Hi! My friend...

Hi! My friend that I was living with and care taking, gave me his trailer in the hospital a week before he died. He was too ill to write it down, but I had 3 witnesses who heard him say it and they are willing to sign papers saying they heard him. The Hospital said he was in his right mind and I need to know what they need to sign as well to prove it. What forms do I need to have them sign ? He passed away on 1 26 2018 and we live in Baxter co AR.

Lawyer's Assistant: Has any paperwork been filed?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He has no will and nothing worth probating. We need to raise funds for burial. He was a Vietnam veteran, but so sick the last 5 years we are trying to get doctors and hospitals to write off the bills. The trailer is a 1972 12 x60 and I will be lucky to save money for repairs. He has a truck but it is okay for local, would like to buy it from family.

Lawyer's Assistant: What state is this in? And how old is the truck?

It's not worth much either, it is a dodge gmc but he damaged the engine and I wouldn't trust it long distance. ARkansas

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Customer reply replied 4 months ago
The truck is a 1991 GMC but he overheated the engine, and had a huge puddle of oil under the truck , I was with him when he did it. Mechanic said he fried the coils and had fixed it enough to run....but needs work I believe still.
Answered in 3 days by:
2/27/2018
P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,502
Experience: 12+ yrs. of experience including real estate law.
Verified
Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to helpAlso, if you would like to chat on the phone, let me know and I can make that happen.I am sorry for this dilemma. But not sure I understand your specific question.Are you asking if this verbal “will” can be enforced?
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Customer reply replied 4 months ago
I am asking if the witnesses put it in writing in a sworn affidavit, would it stand in court. What forms do I need to have them fill out. And have legally notarized. His daughter who is in charge was one of the witnesses.
Customer reply replied 4 months ago
I can't call right now.
I am sorry to be the one to bear bad news. What you’re describing is not a valid will. It will not hold up in court. There are no forms that you could file that would correct the problem. A will must be in writing, signed by the person making the woll. Here, because there is no writing and no signature, there is no will.This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you can file a form to fix this, but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
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Customer reply replied 4 months ago
Can I buy the trailer off the family then stay ?

Sure...if the family will allow it. But you can not enforce the "verbal will"

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
tWO of the witnesses were his daughter and fiancée....in charge of his stuff, and actually they were for giving it to me because they consider me like family. The other two don't even really know Rod and have made no attempts to get to know him.
They wanted me to have it....and the oldest daughter and I have met, and I have met his son. The other one has told me her dad didn't mean anything to her, she's married, working and buying a house. The son only talked to his dad once. Is working and married.
Customer reply replied 4 months ago
Sorry I am on disability and cannot afford $59 .00 phone calls.

Again, the verbal will is not valid. Period. You can not enforce it. Period.

If the family is willing to give you stuff, great...but they do not have to.

Again, I am sorry to bear bad news

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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Customer reply replied 4 months ago
I was never trying to force it. All I asked is that they put it in writing that they heard Rod say it, and they told me I could have it....as well. That's all I was asking was if they put it in writing that they heard it and agree with Rod....that they want to give it to me....if it would stand. I have never forced anything on any of them, I have been really good to Rod and his family and even other friends have agreed that I have taken very good care of Rod and made sure he had whatever he needed. The doctors are impressed that he survived 41/2 years under my care....for all he has been through. And I never charged him anything....I helped him pay utilities, and made sure he had food, meds and anything he needed.
Customer reply replied 4 months ago
he knew without a doubt he was loved to the hilt as my adopted brother from the heart..

I understand. But as I have explained, the verbal will is invalid

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Customer reply replied 4 months ago
What do I need from them since they gave it to me....and I mean his daughter and family.

What do you mean "what do you need"?

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Customer reply replied 4 months ago
They have agreed to give it to me. What do I need to prove it for the title for my name to go on the trailer?

A letter from them stating that they are giving it to you.

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Customer reply replied 4 months ago
okay. Is that all they have to say and just sign and date it? Should it have their names, addresses and phone? Should be notarized?
Customer reply replied 4 months ago
What information should this letter contain.

They simply need to sign the title to you. The trailer has a title..they can sign it over to you. A signature and a state is all that is required.

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Customer reply replied 4 months ago
Thank you. That helps a lot.

Welcome. Thank you for taking the time to accept the answer, I truly appreciate that
phil

P. Simmons
P. Simmons, Lawyer
Category: Real Estate Law
Satisfied Customers: 37,502
Experience: 12+ yrs. of experience including real estate law.
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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