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My boyfriend signed the title to his motorcycle over to me…

My boyfriend signed the...

My boyfriend signed the title to his motorcycle over to me on 11/17/17. We live in NJ. The bike was in his name and titled in Delaware. The plan was that in the Spring he was buying a new bike and the old bike would be mine. I never went to the DMV and formally had it changed, but the title was all signed and the Bill of Sale was filled out. Unfortunately, my boyfriend passed away in a motorcycle accident on 1/22/18 in Bear, DE. I spoke to the Delaware Trooper in charge of the incident. I advised him the bike was in my name and to let me know when it was being released. In the meantime, on 2/3/18, I went to the DMV in NJ and had the Delaware title transferred into my name. I kept trying to contact the Delaware Trooper with no success. 2 weeks after the accident, I was able to get in touch with Trooper Aube. He informed me that the motorcycle was released to my boyfriends mother 2 days after the accident. I have made several attempts to have the bike returned to me, all have failed. I went to the DE State Police barracks and spoke to a supervisor. It was then I was advised that my boyfriends mother had gotten the registration to the bike in her name in Delaware. I asked if they could assist me with getting the bike back. They told me it was a civil matter and I had to contact an attorney. From there, I went to the DE DMV with the NJ Title in my name. The clerk looked up the title and told me it was in my name. He couldn't understand why there was a discrepancy. He left for 20 minutes and came back with a supervisor. The supervisor was very tight-lipped and wouldn't give me any information other than that "Someone committed fraud" and advised me to take the matter to an attorney. As of today, 3/26/18, there has been no filing with the Salem County Surrogates office for anyone to be representative of my boyfriends estate. With that being said, it is impossible for his mother to have obtained a short certificate to have the bike transferred to her. The DMV supervisor kept repeating that she "Produced the paperwork as required by law" when she had the title transferred into her name at the Delaware DMV. I asked them how it was possible for her to do that if I had the title in my hand and it was in my name. They refused to answer my question and told me I had to go through the courts. I did some investigating online. I had the title transferred into my name in NJ on 2/3/18. His mother was at the DMV and got the title into her name on 2/8/18. She had to have given them fraudulent documents. His mother lives in Elkton, MD. She has the bike registered in Delaware, most likely using the address of her boyfriends Rhino-linings business where the bike is being stored. I would like some assistance getting the motorcycle back so it can be made into a memorial. And if criminal charged can be filed against his mother and anyone else involved, I would like that to happen as well.

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

We lived in NJ. The motorcycle was titled in Delaware then I transferred it into my name in NJ. Then his mother falsified documents and had a duplicate title printed and had the title transferred into her name back in Delaware 5 days after I was at the dmv.

Lawyer's Assistant: What steps have been taken so far?

I’ve contacted the Delaware State police as well as the Delaware DMV. No one will help me.

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

Everything should be there

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Answered in 8 hours by:
3/27/2018
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 123,353
Experience: Attorney with over 24 years of law and traffic law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, this is a problem. The fact you did not file the signed title and bill of sale before your BF death means that now the document is questionable and has to go through the court to be proven. The problem is you changed the title over AFTER the date of his death. So now you have to file suit in court in DE called a petition to quiet title and you have to name your BF estate and serve the administrator of the estate (his mom it seems) and you have to prove in court that the MC was sold/transferred to you BEFORE he died.

The reason his mom could get the bike is because she was his legal heir and at the time she got it you never filed the title (according to what you said above) to transfer it to you in NJ. You now have to prove in court this was signed to you prior to his death.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 30 days ago
Even if I transferred it through the DMV 5 days prior to her obtaining a copy and transferring it in Delaware? It was already transferred through the dmv to me when she went to the dmv.
Customer reply replied 30 days ago
His mother has not going to the county surrogates office to become executor of his estate. As of right now there is no executor and no one in charge of his estate.

Thank you for your reply.

You said above, you transferred it on 2/3, which was AFTER your boyfriend's death. That is the date that matters here and the date DMV is looking at. Once he died, she became the heir and was entitled to the property, so you cannot legally transfer it after his death without going to court to prove that he sold it to you before his death and as such you are the rightful owner.

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You would still name the mother as administrator as she is the legal heir and you still have to sue his estate to get the title of ownership of the bike resolved.

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Customer reply replied 30 days ago
Gotcha. Thank you for your help.

Thank you for your reply.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 123,353
Experience: Attorney with over 24 years of law and traffic law
Verified
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