What type of legal document can I type up for someone who wants to leave me a motorcycle?

UPDATED: Jul 6, 2015

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What type of legal document can I type up for someone who wants to leave me a motorcycle?

Would like to avoid it going into probate and would like it to be non-negotiable to anyone else. Did that make sense? Basically I would like it to be separate from any other Will or anything. Is that possible?

Asked on July 6, 2015 under Estate Planning, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If they are leaving it to you  after they die, it will go through probate and the only documents that control what happens to assets after someone dies are wills. Anything you create that would say what happens to the motorcycle after the person's death is a will, and must be legal as a will (e.g. property executed and witnessed) and will be probated as a will.

You could have them transfer the motorcycle to you now--either by selling it or as a gift--and in return let them lease it back from you (or license it to them) for, say "$1 and other good and valuable consideration, receipt of which is acknowledged"--that way, you'll own it now, so it will not go through probate, but they still get to use it. Because it will belong to you, they cannot legally sell it, transfer it, etc. to anyone else. The lease o r license agreement can state that they have to provide insurance (and what insurance you'd find acceptable) and that they are liable for any damage they do. You could come up with the contract of sale (if sold; assignment if gifted) yourself and lease/license agreement, but are advised to let an attorney help you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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