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OK  folks long story, but please read and let me know your thoughts. 

My dad passed away about 5 years ago, and verbally left me his boat... he didn't have a will.  The spring of the year after he passed away my mom got the boat legal to use, and then misplaced all the paperwork except the actual boat title. I have no trailer or outboard title. It's sat unused in my garage since then. 

I desperately want to get this legal to use, and fix up (It needs a LOT of work)  - however at every turn I am told i need to go to probate which will cost a minimum 3 times what the boat is worth. does the boat pass automatically to my mom on his death? his name only is on the title, no TOD or anything was done. Im at a loss. it's a memory and heirloom etc. but to me right now it's completely useless.  my guess is (because of all the work that needs to be done, it's MAYBE worth $1,000 and thats a stretch) 

 

please let me know your thoughts, any help is immensely appreciated. 

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Your mom would become the owner upon your dad's death.  I think she might be able to get a title for the trailer through your local sheriff's office.  I am not sure that you need a title for the motor.  Check with your license department about that.  If she can get the paperwork done you could get a gift affidavit and have her gift it to you.

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Unfortunately a co-worker went through this recently with her dad's Jeep.  He died, had no will, and no executor to his estate.  In order for her to sell the jeep she had to go through probate to get the title in her name to be able to sell it.  If your mom had everything transferred over to her name she may be able to file for a duplicate title.  If everything was still in your dad's name then probate might be the only way.

https://dor.mo.gov/motorv/titlerep.php

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16 hours ago, fishinwrench said:

I run into this all the time.  You'll never get it done "by the book" because DMV loves to overly complicate things.  I can't tell you ON HERE specifically how to get around it...... but just use your imagination.  😉

HA! i can imagine. email me :) tomburgeeatgmaildotcom

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18 hours ago, moguy1973 said:

Unfortunately a co-worker went through this recently with her dad's Jeep.  He died, had no will, and no executor to his estate.  In order for her to sell the jeep she had to go through probate to get the title in her name to be able to sell it.  If your mom had everything transferred over to her name she may be able to file for a duplicate title.  If everything was still in your dad's name then probate might be the only way.

https://dor.mo.gov/motorv/titlerep.php

yep, I have the boat title, it's in dads name.  the thing that really irritates me is.. no one else is contesting it, everyone agrees the boat is mine. I'm not trying to make a buck off of it, i just want to use it. and Missouri has to have their hand in every little thing, to make sure they dont miss out on a buck. 

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I dont live in Missouri so i dont know if they have this or a similar law, but in Arkansas there is a state form that can be filled out skipping the probate process as long as the transfer value is less than $100,000 and involves personal property(such as a boat, car, etc) and not real property(real estate)

You might check into this. 

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I googled this and it looks like Missouri does have this same way of avoiding probate if conditions apply. 

I would make a visit to your county courthouse to see the right way to proceed with this method.  I say county courthouse first instead of state of Missouri because each county may (or may not) have a say in the process.

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