Illinois small estate affidavit for boats? Trying to stop boating?

[Pez Vela]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Pez Vela...

Getting fooled twice is possible because myself, auctioneer people, and sometimes the govt workers (yes, they can't read the forms) don't know what is going on with all the different ways to trip someone up. It is getting so we need a lawyer to get anything done. Too many laws. The wife has since disappeared so it doesn't make any difference who signs it, but good to know.

I feel your pain, and yes, all this legal paperwork can be just too much for the average bear to get their head around. That is why I find no fault with the widow or with you for getting tripped up. The auctioneer, however, is another matter. They're in the business, and should have seen many instances where the seller's paperwork is not in order. I would think that they should check the seller's paperwork before the auction, and be able to recognize a problem. But I'm not an auction guy, so maybe it doesn't work that way, and it's strictly buyer beware. Anyway, it seems that you've got enough paperwork in hand to avoid being accused of any wrongdoing, so it's time to go boating.

The long and the short of it is that in the case of the death of any property owner, laws are necessary to ensure a "clean" chain of title, whether the item be a house, a car or a boat. For items of personal property with minimal value (e.g. under $100,000 collectively) the small estate affidavit is a very simple form to avoid any court proceedings. I just think the auctioneer should be aware of it and act accordingly, when he spots a seller (widow or widower) whose name is not on the registration (or other title) document.

 

[Home Cookin']

Re: Illinois small estate affidavit for boats? Trying to stop boating?

perhaps the auctioneer assumed that titling a boat was like titling a car--there are special statutes for small estates and vehicles, but they so not apply to boats (here). Might have been his first boat. Plus when you get something cheap at auction, your discount is, in part, risk of problems. $65 boat and trailer, you are about $300 ahead. Use that money to get it straight.
And you don't have to hire a lawyer, just get the right clerk on the phone and say the right things, to get help.

 

[kilowatts]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Hi Guys:
I owned and operated an auction in Canada for 15 years. Auctioneers sell everything "as is where is", with few exceptions, then send the proceeds to the PO less commission. That's the extent of the auctioneers responsibility the rest is up to the purchaser and the government. The usually low auction price is the motivation for purchasers to put up with the non-existent customer service! If you bought something retail or privately you would likely have the required documentation but would pay more.
As a boat purchaser from an auction (not mine) I've been in the same position when trying to find the deceased former owner's executor was quite frustrating but do-able.
kilowatts

 

[badbird]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Hi if you trust me I can take your paperwork to the Michigan Sec of State get a clean title then send you a clean title signed over to you BTW you will have about $20 in paperwork and taxes

Ron

What is the Illinois govt trying to do, stop boating?

A 14' aluminum boat with bench seats and trailer was bought at an auction.

The buyer was given a receipt, death certificate, and title signed by his wife. Recently a title was applied for and it all came back.
Now they want an affidavit which will apparently require hiring a lawyer! The wife is gone and so is the auctioneer. All this for a $65 boat and trailer.

It takes the DNR at least 120 days to process this stuff because they don't have enough help. Now they complicate it even more?

Boats and fishing used to mean rest and relaxation. What happened to the days when you bought a boat, threw it in the water and went?

We can only hope they cease boat and trailer registration altogether so we can get things back to normal! When will it end?

 

[Pez Vela]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Auctioneers sell everything "as is where is", with few exceptions

Thanks for the enlightenment. Is there nothing a buyer may do before bidding to confirm that the seller is the owner of the goods and holds the title or registration document that reflects that? This cannot be that hard, can it?

 

[MTboatguy]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Here in Montana, they must be able to verify you are the legal owner of the vehicle you are selling, whether boat, car, truck, trailer, either by title or a affidavit from and executor, or a bank...before the auction can accept for sale.

 

[Pez Vela]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

Here in Montana, they must be able to verify you are the legal owner of the vehicle you are selling, whether boat, car, truck, trailer, either by title or a affidavit from and executor, or a bank...before the auction can accept for sale.

That makes more sense to me, otherwise an auction would be nothing more than a thieves market.

 

[NYBo]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

It appears they are requiring proof that the widow is legally entitled to dispose of her late husband's property. She may or may not be so entitled, depending on the provision's of her late husband's will, if he had one. Here in NY, I was required to get what are called Letters of Administration as surviving spouse since my wife died without a will. The purpose is to protect the assets of the estate.

 

[Pez Vela]

Re: Illinois small estate affidavit for boats? Trying to stop boating?

It appears they are requiring proof that the widow is legally entitled to dispose of her late husband's property.

That's exactly right, and succinctly stated. Government deservedly gets the blame for many things, but this is one instance where such blame is misplaced. Had the deceased husband merely registered his boat in the joint names of himself and his wife, none of this extra paperwork would have been necessary. If the auctioneer would have noticed (or cared), he could have given the widow a "heads up" on the "small estate affidavit" and she could have procured one and filled it out for free.