1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Need advice for 86 year old grandmother

Discussion in 'Estate Planning, Creating Wills & Trusts' started by Jeniffer209, Jan 4, 2020.

  1. Jeniffer209

    Jeniffer209 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    My grandmother is 86 years old, in 2018 she changed executorShip to my aunt. My grandmother gave my aunt the will and other documentation she would need in the event my grandmother passed.
    My grandmother owns a houseboat worth over $200,000.00. In the documents she gave my aunt she had signed the pink slip to this houseboat and other vehicles my grandmother owns. Recently my grandmother and her daughter (my aunt) had a falling out and my grandmother decided she wanted to make changes to her Will and other documentation. My grandmother asked my aunt to return all the pink slips, documents and the will to her so she could get some changes done. She asked her around thanksgiving. My aunt finally returned the will but there were documents missing. One of those was the pink slip too the houseboat. My father went to DMV to turn in a form for my grandmother to get a duplicate pink slip for her houseboat, since my aunt never returned it.
    DMV told my father that my aunt had put the houseboat into her name. My grandmother never gave my aunt the houseboat, but she was to inherit the boat at the time of my grandmothers death. But my grandmother has been wanting to sell it. My aunt put the boat into her name on DEC 7. After my grandmother asked for all her documents and the will returned to her. we need some legal advice. My grandmother is alive and of mind sound and body. Isn’t what my aunt did illegal ? Theft ? I would like some guidance on our next step.. thank you
     
  2. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,712
    Likes Received:
    1,970
    Trophy Points:
    113

    Sorry, but yes, she did give it. She signed the pink slip. That's what you do when you convey ownership to somebody else.

    Not illegal, not theft. Your grandmother GAVE it to her.

    An argument could be made that the recipient was to hold the item in trust but that's going to take a lawyer and a lawsuit with no guarantee of success. I suggest your grandmother consult an attorney and review her options. For something worth over $200,000 spending even several thousand on a lawsuit would be worth the money.
     
  3. Jeniffer209

    Jeniffer209 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    My grandmother DID NOT give her the houseboat or the other vehicles. At the time when all of this was done my grandmother made it clear that she wasn’t giving her those items. She did sign her name on the pink slips just to make things easier for my aunt in the event my grandmother died. The whole family knows their agreement and my aunt told my father that she was the executor and she could do what she wanted.
     
  4. Jeniffer209

    Jeniffer209 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    My grandmother can change any documents any will at any time. Once my aunt caught wind of my grandmother wanting to change executor and her will that’s when my aunt did this.
     
  5. justblue

    justblue Well-Known Member

    Messages:
    1,346
    Likes Received:
    578
    Trophy Points:
    113

    But she DID give it to her...that what happens when one signs the pink slip, it conveys ownership. What people "know" doesn't matter LEGALLY.

    Your grandmother can change her will to exclude the aunt out of any remaining property/monies.
     
  6. Jeniffer209

    Jeniffer209 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    My grandmother never thought her daughter would take that pink slip and do anything with it. She didn’t give it to her. I understand that she signed it but that was only to make things easier at the time of my grandmothers death. So my grandmother is very upset and wants to take some legal action. What category would this action be under ? Type of attorney
    Elder abuse ? Criminal ? Will and probate?
     
  7. Jeniffer209

    Jeniffer209 Law Topic Starter New Member

    Messages:
    7
    Likes Received:
    0
    Trophy Points:
    1
    I’d like some advice from a CA attorney .. please
     
  8. justblue

    justblue Well-Known Member

    Messages:
    1,346
    Likes Received:
    578
    Trophy Points:
    113

    This is a volunteer site. If you want attorney advice from a CA Attorney you need to open the yellow pages and make an appointment with one.
     
  9. adjusterjack

    adjusterjack Super Moderator

    Messages:
    7,712
    Likes Received:
    1,970
    Trophy Points:
    113

    It's general civil litigation.

    You or your grandmother can call law firms with lots of lawyers, explain what happened, ask which lawyer handles something like that and how much of a retainer check your grandmother will need to bring to the attorney to hire him/her.
     
  10. Zigner

    Zigner Well-Known Member

    Messages:
    2,089
    Likes Received:
    1,092
    Trophy Points:
    113

    I'm going to disagree, maybe. If the grandmother only signed the title, that is not transferring the boat. Now, if the grandmother took further steps to complete the document (like putting the transferee's name in the appropriate places on the form), that would show a transfer of ownership...but signing the title alone does not indicate that a transfer was intended.
    The problem is going to come up when proof is required...but (as was indicated previously), grandma should speak to an attorney.
     
    justblue likes this.

Share This Page