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-   -   Life Is Anyone Here a Lawyer or Member of Law Enforcement? (https://www.chiefsplanet.com/BB/showthread.php?t=348069)

GabyKeepsMeWarm 03-22-2023 12:02 PM

Quote:

Originally Posted by displacedinMN (Post 16869268)
Sue her and get the ball rolling

Good luck.

I've been holding off on suing her with the hope of law enforcement doing their goddamn job. Just spoke to the sheriff, and he's gonna get together with the DA, so I'm trying to remain optimistic about this.

NinerDoug 03-22-2023 12:03 PM

Quote:

Originally Posted by GabyKeepsMeWarm (Post 16869241)
I've got a situation.

My dad died in May of last year, and I'm the executor of his estate. It's been a nightmare. He died without a will and sorting through everything has been an awful mess.

My father lived in Iowa, and he had a "companion" that he met online. I've been very skeptical of this woman from the outset, but how do you tell your 78 year old father he's being taken for a ride? His "companion" lives in New Mexico, and my father would go down to New Mexico during the Winter months. Dad bought a motor home and left it in New Mexico, giving her full access. However, the motor home was only titled and registered in his name.

Well, after dad died, I discovered this woman had the motor home retitled and registered in her name.

I've spoken to several lawyers, including the DA of the county in which the motor home was stolen, as well as the state police and local law enforcement, and I haven't gotten anywhere.

Law enforcement is calling it a civil matter, even saying that this woman claims my father gave her the vehicle prior to his death. It's incredibly frustrating. If her claims are true, which they are not, why did she wait until after he died to retitle and reregister the vehicle?

Every attorney I've spoken to is calling this a law enforcement matter.

It's like nobody wants to do their ****ing job, and I'm at my wits end about this.

Any advice?

Trouble I see is: She says, "He gave it to me."

What evidence do you have to prove he didn't?

I would start with the whatever she submitted to the DMV when she changed title and registration. I would imagine that, if your father did in fact give it to her, he would have had to sign off on the title. (That's how it's done in California, anyway.)

Check the signature.

RockChalk 03-22-2023 12:03 PM

New Mexico? Go down there, kill her and take the motor home back. She's old, you'll be doing her a favor. Plus you'll get your dad's motor home back.

FlaChief58 03-22-2023 12:04 PM

Is it a nice motor home? How much do you estimate it's worth to be? Is it a sentimental thing for you, or do you just want it because you feel entitled to it?

Those things depreciate so quickly that unless it's in excellent condition or less than 10 years old, it may no be worth fighting for.

Thankfully my mom had the foresight to not only make me the executor, but she set it up so that when she passes, the house and all tangible property goes to me. All of the trust funds for the grandkids and great grandkids are all set up. So basically I won't have to go through all the garbage that you're going through. Plus I won't have to pay capital gains tax, since my name is already on everything including the house.

I know that's not really helping your situation any, but it's a good lesson for those of us who are getting long in the tooth

raybec 4 03-22-2023 12:05 PM

What are you hoping to get out of this? If your father truly cared for this woman and he did physically leave the motor home with her, what do you think he would want you to do?

AdolfOliverBush 03-22-2023 12:05 PM

Quote:

Originally Posted by GabyKeepsMeWarm (Post 16869303)
Trust me, I've had some very unpleasant thoughts about what I'd like to see be done with this woman.

I haven't even had the chance to properly grieve for my father as a result of this horseshit. And if I wasn't a cynical bastard before all of this, this situation has really changed me in a way that I really don't like.

Is there any chance that he actually did give her the RV? It's not uncommon for an old guy to allow himself to be taken advantage of by a rotten bitch, to avoid being alone.

htismaqe 03-22-2023 12:06 PM

Quote:

Originally Posted by NinerDoug (Post 16869312)
Trouble I see is: She says, "He gave it to me."

What evidence do you have to prove he didn't?

I would start with the whatever she submitted to the DMV when she changed title and registration. I would imagine that, if your father did in fact give it to her, he would have had to sign off on the title. (That's how it's done in California, anyway.)

Check the signature.

That's just the thing. The only LEGAL document in play here is the title. There are no formal documents stating that he gave her the RV. If she forged his name, she's in trouble. If she didn't forge his name and didn't have some ****ing loophole in the system, then the RV STILL belongs to her father. That would generally place the burden on the "partner" to prove ownership, not on his daughter.

alpha_omega 03-22-2023 12:06 PM

Why can't she have the motor home?

Demonpenz 03-22-2023 12:08 PM

sounds like something that is worth the time and energy for sure

htismaqe 03-22-2023 12:08 PM

Quote:

Originally Posted by AdolfOliverBush (Post 16869322)
Is there any chance that he actually did give her the RV? It's not uncommon for an old guy to allow himself to be taken advantage of by a rotten bitch, to avoid being alone.

Even if he did give her the RV, it's not legal unless it's done the right way. She said there's no contract or other documents giving the partner the RV, which would typically means it's not partner's until she can prove it is.

NinerDoug 03-22-2023 12:09 PM

Quote:

Originally Posted by htismaqe (Post 16869326)
That's just the thing. The only LEGAL document in play here is the title. There are no formal documents stating that he gave her the RV. If she forged his name, she's in trouble. If she didn't forge his name and didn't have some ****ing loophole in the system, then the RV STILL belongs to her father. That would generally place the burden on the "partner" to prove ownership, not on his daughter.

Right. That's where to start. Maybe she forged his signature and did a poor job. Or maybe he did in fact sign it. Need to see the title.

DenverChief 03-22-2023 12:11 PM

Quote:

Originally Posted by GabyKeepsMeWarm (Post 16869309)
I've been holding off on suing her with the hope of law enforcement doing their goddamn job. Just spoke to the sheriff, and he's gonna get together with the DA, so I'm trying to remain optimistic about this.

https://www.joinnmsp.com/

If you think you can do better.

raybec 4 03-22-2023 12:11 PM

Quote:

Originally Posted by htismaqe (Post 16869333)
Even if he did give her the RV, it's not legal unless it's done the right way. She said there's no contract or other documents giving the partner the RV, which would typically means it's not partner's until she can prove it is.

All true, but the question is what would the father have wanted? He obviously cared for this woman in some type of way.

DenverChief 03-22-2023 12:12 PM

Quote:

Originally Posted by htismaqe (Post 16869333)
Even if he did give her the RV, it's not legal unless it's done the right way. She said there's no contract or other documents giving the partner the RV, which would typically means it's not partner's until she can prove it is.

If the state retitled it in her name she must have had some supporting documentation - they don't just willy nilly change titles for people.

htismaqe 03-22-2023 12:14 PM

Quote:

Originally Posted by raybec 4 (Post 16869342)
All true, but the question is what would the father have wanted? He obviously cared for this woman in some type of way.

I get the spirit of it but we're talking about the law. The man is dead, he doesn't have any say in the process, especially since he didn't leave a will.


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