Buying a boat from an estate

[fish brain]

I am asking this question for a friend.
My buddy is buying a boat from an estate sale and neither of us know how to insure that the person selling the boat is legally allowed to sell it.
Has anyone here been through the process? How does he ensure that he will be legally able to register the boat in his name?

 

[ziggy]

I am asking this question for a friend.
My buddy is buying a boat from an estate sale and neither of us know how to insure that the person selling the boat is legally allowed to sell it.
Has anyone here been through the process? How does he ensure that he will be legally able to register the boat in his name?

Person selling should have a copy of the license or registration and bill of sale ( likely made out to the former owner who I assume has passed?). Everyone is supposed to be able to produce these when asked on the water by the cops And it makes sense you’d have them when selling. However I would suspect if nothing else you should make sure you have a legit bill of sale and take steps to license your boat immediately. Is there a reason you feel uncomfortable making the deal? Sometimes you get a gut feeling for good reason.

 

[Rayc]

The seller would need to be the executor of the estate

 

[fish brain]

Person selling should have a copy of the license or registration and bill of sale ( likely made out to the former owner who I assume has passed?). Everyone is supposed to be able to produce these when asked on the water by the cops And it makes sense you’d have them when selling. However I would suspect if nothing else you should make sure you have a legit bill of sale and take steps to license your boat immediately. Is there a reason you feel uncomfortable making the deal? Sometimes you get a gut feeling for good reason.

There is no discomfort. The guy who owns the boat is dead. My buddy wants a legal title and doesn't like surprises especially when he is dropping tens of thousands of dollars. He'd rather not have a letter from the government saying he can't register the boat because he doesn't legally own it .

 

[ziggy]

Transport Canada site lists all the options it accepts as proof of ownership. Tell your buddy to google licensing a pleasure craft.

 

[Foxsea]

Just comply with the requirements for transfer:
To transfer a boat’s pleasure craft licence into your name, you must submit the following documentations: proof of ownership of the vessel, a signed photocopy of a government issued identification card, a full side view photo of the vessel in color and a completed application for transfer of a pleasure craft license.

 

[fish brain]

Transport Canada site lists all the options it accepts as proof of ownership. Tell your buddy to google licensing a pleasure craft.

It's not proof of ownership he wants, it's who can legally sell it. The guy who had proof of ownership is dead and can not sign the transfer. I assume as @Rayc said above it would be the executor of the estate. Is there a form that the executor would fill out stating that He/She /They are the executor and have the authority to sell the boat on behalf of the deceased estate?

 

[Ringo]

Your buddy should spend a couple of hundred bucks and consult with an estate lawyer. Would take the stress off of the legal process. You will get conflicting and unclear responses on a fishing forum.
My $0.02 for what it’s worth.

 

[ryanb]

There is no such thing as legal title to a boat per se in Canada like there is in the USA. When you buy a boat there is no transfer of title or ownership paperwork, you pay and they seller will give you a bill if sale. If the boat is on a trailer it must be transfered at icbc like a vehicle.

You then go to transport Canada to register in your name. Boat registration is not title, it's just there to ensure they get their taxes on any used boat sales.

 

[Gong Show]

Have your friend Google, 'Grant of probate'.
The administrator or personal representative on the Grant can legally sign sale documents for the deceased.

 

[ziggy]

It's not proof of ownership he wants, it's who can legally sell it. The guy who had proof of ownership is dead and can not sign the transfer. I assume as @Rayc said above it would be the executor of the estate. Is there a form that the executor would fill out stating that He/She /They are the executor and have the authority to sell the boat on behalf of the deceased estate?

proof or ownership means it was legally purchased, from someone who legally sold it. I think I am missing your point. If he’s worried contact a lawyer and put his mind at ease. Internet advice is worth what you pay for it lol.

 

[beemer]

As somebody who has unfortunately been an executor for family who have passed away in the last year , the seller needs to be the executor. Ask the seller to provide a copy of the "Grant of Probate" and a copy of his/her drivers license. If the names match it is a legal sale.

 

[wildmanyeah]

my friend received a house through an estate was gifted from a lifelong friend. House had to sit in probate for a year and a half till it cleared the period that it could no longer be contested by family. This was apparently what the lawyer said to do to prevent the family members from suing the executor butt.

I recently bought a house from an estate and was really no different than normally buying a house. The only hold up was all the siblings had to sign the paperwork and there was also some fighting the day we moved in as the sibling responsible for moving the garbage out of the house never did. Resulting in the real estate agent doing it with the other sibling have to make a 10 hour trip drive overnight to do it. To be honest i never did see a piece of paperwork that did confirm the siblings had the right to sell the property and i did read through the bucket loads of it with my agent and notary.

I am not sure how much due diligence you have to do as a buyer, I think most of the liability lies in the hands of the executor. Good luck as always this forum seems to provided you with the answer of the "grant of Probate".

interesting topic tho as it got me thinking about my house lol

 

[Gong Show]

For house sales, the Land Titles Office procedures dictate the transaction.
Land Titles requires the estate go through probate before title transfer can occur.
If you have received a State of Title Certificate from your lawyer,and it has your name on it, then you are good to go.

 

[fish brain]

As somebody who has unfortunately been an executor for family who have passed away in the last year , the seller needs to be the executor. Ask the seller to provide a copy of the "Grant of Probate" and a copy of his/her drivers license. If the names match it is a legal sale.

This is the kind of information I am looking for, thank you.
Should he ask for some proof that the guy is the executor? Is there a document that verifies this, or is the Grant of Probate the proof he needs?

 

[bigbruce]

This is the kind of information I am looking for, thank you.
Should he ask for some proof that the guy is the executor? Is there a document that verifies this, or is the Grant of Probate the proof he needs?

Not all Estates are probated, so a Grant of Probate might not be available. The deceased‘s Will is the document that names The Executor. I’m about to have my sister‘s trailer transferred to my name so that I,in turn, can sell it on behalf of the Estate. The value of her estate is below the threshold that requires probate, so there won’t be a grant of probate.

 

[Gong Show]

Not all Estates are probated, so a Grant of Probate might not be available. The deceased‘s Will is the document that names The Executor. I’m about to have my sister‘s trailer transferred to my name so that I,in turn, can sell it on behalf of the Estate. The value of her estate is below the threshold that requires probate, so there won’t be a grant of probate.

Very true, that threshold is $25,000.00.
There can be a bit of fudging in that official number, but I would only trust a lawyer and their insurance if I was fudging.
Guess it depends on what sort of boat you are buying from the estate.
You should still get probate under the threshold. There are no probate fees under the threshold.
This advice is worth exactly what you have paid for it.

 

[beemer]

This is the kind of information I am looking for, thank you.
Should he ask for some proof that the guy is the executor? Is there a document that verifies this, or is the Grant of Probate the proof he needs?

The "Grant of Probate" is the verifying document. Bigbruce brings up a interesting point if it is a small estate. In that case I would run it through a lawyer and ask the seller to cover the cost.

 

[fish brain]

Thanks for all the replies everyone, I just told him to call his lawyer, I thought it would be a simple you need a badge and a form x and you are good to go. i guess it's not that simple.

 

[ab1752]

This is one of those times it would be beneficial to have a broker involved in this sale. They send you off to an agent / notary who clears the sale, completes the registration and collects the taxes. If your friend still wishes to deal with the executor directly, he should have an independent notary involved who can certify an affidavit for the purposes of sale.

If I had a look I could likely dig up who cleared the sale on ours, let me know....found it, we used Marine Titles Canada.