Q: My son inherited a boat from his grandfather that passed in March this year. His wife who is executor advised my son
That He would need to get a loan in order to pay off the current loan on the boat (approx $12k). My son is 24 but did as she requested and when he and the loan officer called to get details on the lien holder she wouldn't supply the info saying she didn't want this to go thru probate or incur tax implications. Now has said she will sell the boat to a 3rd party boat company and they will give my son first dibs on it and finance it for him. What is his recourse at this point?
A:
In many cases, the DMV (Florida Highway Safety and Motor Vehicles) will authorize transfer of cars and boats if it's clear who is the intended heir or beneficiary.
Grandmother could visit DMV with relevant paperwork (will, death certificate) and ask for direct transfer without probate court involvement. I can't guarantee it will work, but it's worth a shot. If the DMV is uneasy about who is entitled to inherit, they will likely advise that she go to probate court to secure an order.
Best of luck,
LHD
A:
If the grandfather's widow is, as you indicate, "executor", it is already in probate. Unless a probate petition has been filed with the court, while she may have been named as personal representative in a will, she is not officially a PR (or executrix) which means the official representative of the probate estate. And it is doubtful that there are a death tax implications in any event. It looks to me that she doesn't know what she is doing.
I suggest you talk to an attorney about this situation.
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