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Legal cavaletti Re: [RC] Advise to Mickey: - Elizabeth Chase


Lucie took the words right off my fingers........

I'd like to see an authorization from the executor of this person's estate
allowing the trainer to sell the horses.  

I'd like proof that the deceased is really deceased and is really the owner of
the horses. 


If the sale is for money owed by the deceased to the trainer, I'd still want
documentation regarding state/federal/local laws as well as invoices. Then, if
you're still serious, I'd have a lawyer draft the tightest bill of sale
possible, holding you harmless and the trainer responsible for all future legal
expenses should it ever be contested. 

I'd take note on how much the trainer squirms. It could be that there is no
authorization extant. Sorry to say, but there are folks who snap up the
opportunity for taking advantage of those they call 'chumps' behind their
backs. 


To me, an honest seller will accomodate all your concerns without a twitch.
First twitch or hedge, the deal is off. 

Try to put aside the emotional hook she already has in you: the filly herself.
It's always the concern over what 'might' happen if you don't buy her, she
could wind up having all her parts utilized separately.  That's a deep hook,
and one that takes a great deal of strength to resist.


Consider yourself hugged for fortitude,

Liz
Minnesota
---- who does own a rescued horse and volunteers at a rescue facility

--- Lucie Hess <appalucie@xxxxxxxxx> wrote:

Mickey my advise is what you paid for it.. Nothing! 
To me other people's opinions and advise are to be
viewed as shoes, sometimes the shoes fit you,
sometimes they don't.  So remember that while you are
reading this email.
..........................)

Also, I have dealt with trying to get a horse's
registration papers moved from a deceased person's
name to a new owner.  It was not pretty.  The heirs
had to sign off on the papers and it was the last
thing they wanted to even deal with.  And this horse
was registered, not just "able to be registered".
If it was me, and I wanted to buy a registered horse,
IE this filly, then tell the seller to register it as
part of the deal and don't take possession until the
horse's paperwork is complete and send in.(YOU KEEP A
COPY)  Again, to register a young horse, you will need
a stallion report and some other paperwork to be
filled out on the sire and the dam.  Well, at least
the app club wants that.  And those pieces of paper
have to be signed by the owner of the mare and sire at
the time of breeding or foaling.. I can't remember
which.
One more thing.. since the owner died and there is a
trust/ estate, do you know that the trainer selling
these horses even is legally able to do such?  There
has to be someone who is executor of the estate/trust,
who makes those decisions.

All just things for you to think about.

Personally, if it was me.. with all you have
described, I'd keep my 1500.00 and look for a horse
without legal/registration issues and that is ready to
ride.  Unless, you are very much in love with this
horse and you just gotta have her.. Then OK! go for
it.





 

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Replies
[RC] Advise to Mickey:, Lucie Hess