Legal Question in Wills and Trusts in Pennsylvania

IN Pennsylvania my sons friend put an enduro bike in his name(street legal of course), titled it and all. He unfortunately passed recently.

Brian had no will and now the family thinks they are entitled to the endure bike, even though Brian willingly put the bike in Bens name.

My question is how long does an estate have to try to keep harassing us for the Bike until this all stops?

I know creditors have a time-frame to collect from the estate, there has to be a timeframe the Estate can legally try and take us to court if they try to.

Asked on 9/29/13, 7:26 am

1 Answer from Attorneys

Why would your son's friend title the bike in your son's name?

Most estates are wrapped up within 1-2 years. I am not sure on what basis they would be suing here but assuming there was no kind of contract, it might be as short as 2 years. The timeframe would be measured by when the bike was titled in Ben's name. I don't know how long ago that was and whether it occurred more or less than 2 years ago. I also don't know when Brian died. If he conveyed the bike more than 2 years ago and then died, it may be that any statute of limitations has run. If it has run prior to death then death does not serve to revive it.

There is a lot more here than you relate in your post and any lawyer would have to be acquainted with these facts in order to render an opinion on the likelihood of success or failure of any lawsuit by Brian's personal representative for his estate.

Some things to think about are:

(1) Why was the bike titled in Ben's name and what were the circumstances surrounding the transaction? Was it intended to be a gift?

(2) Who paid for the bike?

(3) Was any work done to the bike (adding accessories) and, of so, who did the work?

(4) When was the bike titled in Ben's name? When did Brian die?

To the extent that Brian's heirs could make out that this was not a gift or that this was done because of some fraud or undue influence of your son, I think that the estate would have a stronger case. However, if this was intended to be a gift or some kind of payment by Brian in exchange for work previously done or money lent by Ben, then Ben would have a stronger case.

I suggest that your son take any relevant documents and go see a general civil litgation lawyer. Pay the lawyer to review and advise.

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Answered on 9/30/13, 12:30 am

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