Legal Question in Wills and Trusts in New York
Live in NYS. I was given a motorcylce by a family (includes title) as I have stored and maintained it for 3 years. I now want to have the title tansferred to me but per the court ruling on the estate (or lack there of)..no will was found and with no assets (home was foreclosed by bank). Family petetioned the court to have a excec from the family but the court refused. Case is considered in limbo as with no assets, generally a public adminstator would be named but with no assets no firm will accept. Seems like a catch 22.
1) I can simply sign the title....this I will not do as it's a crimanal act
2) Parts the bike, sell the parts
3) Contact NYS DMV but the statute I looked at for abondoned vech seems to give the locality the possession of the bike
4) Place a lien on the bike for 3 years of heated storage/maintence/cleaning etc ast the rate comporable with a shop in the area.
Bike has sentimental value to me and the last thing I wish to do is to see it parted out or destroyed. If I can't have the bike, I want the value of time/storage that I have in it. Seems simpler to just let the bike go to me as the lien would be mre than the auction value of the bike.
1 Answer from Attorneys
I suggest bringing suit for the storage, etc., and when you have the judgment (it seems no one will defend the suit) have the Court issue an Order allowing title/registration to be transferred to you to satisfy the judgment. Alternatively, check with DMV and see if the heirs can sign off on the title without a Surrogate proceeding. Last suggestion, can the closest next-of-kin get a small estate certificate of appointment and then sign the title. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.
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