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Death before deal finalised ... what to do?
Last post Sat, Apr 26 2008, 8:56 PM by conmankiller. 10 replies.
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Mon, Apr 21 2008, 1:01 PM |
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Landshark
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Joined on Fri, Dec 29 2006
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Shopaholic
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Points 27,853
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Death before deal finalised ... what to do?
I am posting on behalf of an older person who is not Internet savvy. Person A was buying a car from Person B who had been taken into a care home further up country. Person B had instructed Person A to collect the vehicle from their home and to make it road legal before making a decision on its suitability. Person B said that they would pay any expenses to get this done, and arranged via Housekeeper 1 to obtain paperwork, keys and access to garage for Person A. After three weeks, Person A stated that they would buy the car having taxed, MOT'd and serviced it. Person B was happy with this and was going to call back with a price that would be good for both. Person B's child contacted Person A to confirm that she wanted the car. Again, the confirmation was given. Later that day, Person B died unexpectedly. What is the legal position here? Person A has expended money and transferred legal documents "in good faith" and under verbal instruction. Person B's family are denying any knowledge of the transaction and have demanded the car to be returned. The situation has become very delicate with Person A being accused by Child 1 of effectively trying to steal the vehicle. Person A returned the vehicle to Person B's garage and posted the key to the solicitor acting for the estate, but is still being threatened by Child 1. They have spent over £1,500 on the vehicle to make it roadworthy (most of their savings), and now have nothing to show for it except a lot of misery. This is NOT something I have ever dealt with and my usual legal source is on holiday. Any ideas people? SHARK!
For every positive action, there's an equal and opposite government plan.
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Tue, Apr 22 2008, 12:31 AM |
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Vicissitude
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Joined on Sun, Dec 30 2007
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Re: Death before deal finalised ... what to do?
Blimey! Shark! Now there's a can of worms if ever I saw any!! I would have thought that this delves into 'verbal contracts/gentleman's agreement' area making person A the prospective new owner. However, no monies or were exchanged or even a price agreed??! Hmm I wonder if Person B's acceptance to sell the car to Person A is enough? If no price was formed, then there was no 'promise to pay' which, I understand, is very important in these situations? Hmm... sorry, I was just tossing a few ideas around... I'm not really sure where this would stand to be honest. I'd be very interested to hear about this!! Where is Conmankiller??!??! (Or is that your legal source who is on holiday LOL?) CK can you help mate?
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Tue, Apr 22 2008, 1:49 AM |
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conmankiller
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Joined on Mon, Jan 15 2007
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Points 76,817
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Re: Death before deal finalised ... what to do?
Hi Guys ---- The problem here is actually proving that a verbal contract to sell the car was ever given or existed as person B has died, if all the other people involved are now insistant that they know nothing about it either and refuse to admit that an agreement was actually reached, then proving it without any further help will be very difficult indeed. However person A has expended time and money on the car and must have had legal access to permit these works to be carried out, therefore this goes some way to prove that an agreement was in force, as it would not be reasonable for someone to spend money on a car that was to be of no future benefit whatsoever to themselves and in which they had no beneficial interest. The whole problem is further exacerbated by the car not being signed over soon enough or receipted by the legal owner as it now becomes part of that dead persons estate and needs to be dealt with by the appointed executor(s) handling the deceased persons assets and affairs. If these are the same Solicitors who now have the keys, I would be inclined to write them a full detailed explanatory letter of what's happened clearly outlining the whole sad & sorry situation, enclosing copies of the proof of any money that has been spent on the car and asking for full re-imbursement from the estate, respectfully asking for them to treat the matter in the normal way as all other validated debts.. and paid back from the eventual proceeds of the estate (if any).
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Tue, Apr 22 2008, 8:52 AM |
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Landshark
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Joined on Fri, Dec 29 2006
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Points 27,853
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Re: Death before deal finalised ... what to do?
Thanks CK for this. It seems that matters have clarified a little. Housekeeper 1 has verified that Person B was selling the car to Person A and that the car's documentation was handed over at the same time as the keys so that Person A could deal with things. The estate is extremely complex as it involves many properties and six children across five continents. Person A is a pensioner who lost her own car to thugs and Person B was trying to help out. The executor has also been advised of this situation and is considering the situation. In the mean time, Person A is being loaned another car by neighbours - glad to see some thread of decency still exists! It also appears that the beneficiaries to the estate couldn't be bothered with Person B during their lifetime and have only crawled out of the woodwork in the last few months. More as it transpires ... SHARK!
For every positive action, there's an equal and opposite government plan.
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Tue, Apr 22 2008, 2:25 PM |
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conmankiller
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Joined on Mon, Jan 15 2007
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Points 76,817
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Re: Death before deal finalised ... what to do?
OK Shark -- Glad to be of assistance, the executor(s) hopefully being a level headed person(s) who hopefully use their common sense, are obliged to realise all the estate assets anyway by selling them or dividing the values according to the will requirements. They may as well honour the aforesaid contract to sell the car to person B in the name of decency and because it's the right thing to do and the easiest option for all concerned, irrespective of whether there is any proof of the contract in the first place. It also appears that the beneficiaries to the estate couldn't be bothered with Person B during their lifetime and have only crawled out of the woodwork in the last few months. Don't I just know from experience, how the Vultures instantaneously sense the death and start their ever-spiralling circles. !!!
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Tue, Apr 22 2008, 6:20 PM |
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Landshark
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Joined on Fri, Dec 29 2006
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Points 27,853
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Re: Death before deal finalised ... what to do?
Oh boy, just when you think it is all sorted out! Just had a very tearful call as the executor has been told not to accept anything less than "... market value ..." and the kids couldn't care less about the previous agreements as there was nothing in writing to prove it. I did a quick net search and found the value was around £6k which she simply does not have. Person A cared for Person B for over 20 years without a penny and we all know that Person B would have wanted Person A to have had her car. Now, it seems as though the vultures have truly come home to roost. Even the executor appears to be flummoxed! Maybe we'll have to start a whip-round in the area. We're used to this where we live - we try to look after our own.
SHARK!
For every positive action, there's an equal and opposite government plan.
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Tue, Apr 22 2008, 6:47 PM |
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conmankiller
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Joined on Mon, Jan 15 2007
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Points 76,817
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Re: Death before deal finalised ... what to do?
Yes, I know what you mean but without anything to support and uphold the existence of the now disputed contract, then it is up to the executor to accept what they can get for the property, although "market value " may not be as much as they realistically have to accept at the end of it all. Was she to put any other money towards the cost of the car apart from the £1500+ already spent, or was the rest of the car to be gifted for payment of services in kind, instead. ? Fingers X'd ....they might have been mentioned in the will to be sorted, yet, once all beneficiaries are made aware. ?
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Tue, Apr 22 2008, 6:57 PM |
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Landshark
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Joined on Fri, Dec 29 2006
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Shopaholic
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Points 27,853
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Re: Death before deal finalised ... what to do?
I just tried to contact her but as far as I know she was going to make a financial offer that she could afford, but this is nowhere close to £6k. The will basically leaves everything split six ways - can you see the bun-fight now! SHARK!
For every positive action, there's an equal and opposite government plan.
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Tue, Apr 22 2008, 7:01 PM |
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conmankiller
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Joined on Mon, Jan 15 2007
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Points 76,817
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Re: Death before deal finalised ... what to do?
Well 3 grand split Six ways is very easy to divide, she's already spent 1.5k on it......so in total the cars cost 4.5k which is more than I would give. A car that needed 1.5k spending on... in the beginning must have been a "shed", it would struggle to reach 6k of anybody's money at true market value. ?
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Thu, Apr 24 2008, 12:37 PM |
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Landshark
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Joined on Fri, Dec 29 2006
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Shopaholic
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Points 27,853
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Re: Death before deal finalised ... what to do?
Village raised a surprising 'lump' sum at an evening 'do' last night. Executor has accepted this on behalf of the estate this morning as they felt it was "... in the best interests of all concerned ..." Brought quite a lump to my throat I must say. SHARK!
For every positive action, there's an equal and opposite government plan.
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Sat, Apr 26 2008, 8:56 PM |
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conmankiller
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Joined on Mon, Jan 15 2007
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Shopaholic
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Points 76,817
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Re: Death before deal finalised ... what to do?
Hi Shark --- At last, people with compassion combined with applied common sense......absolutely remarkable what a major difference that makes.
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