Posted by Richard Rogers on Thursday, November 21, 2002 at 11:15PM :
In Reply to: Dozerhead posted by Woody on Thursday, November 21, 2002 at 10:53AM :
As others have said, only "probate" assets (ie., assets in the sole name of the decedent) need to pass thru probate. Even then, most states have "small estate" procedures that permit heirs to transfer up to a certain dollar amount without probate (via whats called a "nonprobate transfer act.". Also, regardless of what appears in or on written title documents, under the U.C.C. (recognized in all 50 states) legal title generally passes when $$$ & property being purchased change hands. Written documents (ie., "title docs", etc) are only subsequent evidence of passage of title. As for "Jonas," if he was the poor fellow who had his truck stolen during transport then, as a general rule, the transporter would be liable under "bailment" law. There are differing degrees of liability under "bailment" law, but, as I said, the first one presumptively liable is the transporter.
Follow Ups: