How do you transfer registration--

[Roxane Martin]

I'm full of questions tonight!

This is kinda morbid but something we all need to think about. I have horses registered in my name in 3 registries. When I die (and let's assume that my spouse, who is "or" with me, has pre-deceased me), how do the registrations get transferred to new owners? Whether as stipulated in verbal or written agreement/will, or sold to someone else as part of clearing out of the estate, how are transfers made? Obviously I can't sign it! Does the executor of the estate sign? Do they then have to become a member of the registry just to do that?

What experience has anyone had with this type of situation?

(No, I'm not planning on "kicking the bucket" anytime soon, but who knows what the future holds--only God!).

Thanks.

 

[Tony]

This is kinda morbid but something we all need to think about.  I have horses registered in my name in 3 registries.  When I die (and let's assume that my spouse, who is "or" with me, has pre-deceased me), how do the registrations get transferred to new owners?  Whether as stipulated in verbal or written agreement/will, or sold to someone else as part of clearing out of the estate, how are transfers made?  Obviously I can't sign it!  Does the executor of the estate sign?  Do they then have to become a member of the registry just to do that?

530352[/snapback]

​

I can't speak for all registries, but imagine that the others are similar or the same. With AMHA the executor of your estate would submit a death certificate and certify that he is executor and then sign all the paperwork, etc.

If your spouse did not predecease you and wanted to put someone else on the certificates, or just get your name off, it would take a regular transfer for each horse.

 

[Happy Valley]

From what I understand from reading, the executor of your will will have power of attorney if you have included your farm in your estate planning. If not, then your heirs will have to hire an attorney or mediator to take care of such.

Stacye

 

[dannigirl]

As Executor of my Father-in-laws estate I had to provide a copy of the death certificate and proof that I was executor to anyone that needed a signature for anything. I would assume that the registries would have to honor this as well because of laws. If no executor was named, then the transfers may have to wait until the estate is settled in court. I would think that the horses would be property to be divided between the ---can't think of the word--meaning people who have claim to the estate. LOL. Just can't think tonight.

I have made sure someone can get to funds to take care of my animals should something happen to both Dave and Me at the same time.

Angie

 

[Sue_C.]

I had to get a copy of the death certificate, as well as a signed afidavit from the widow of the last recorded owner. It was several years after the horse had been sold by him, but the people I bought him from had never transfered him, and had lost the papers, transfers and all.

So yes, it can be done...but not easily.

 

[Lisa-Ruff N Tuff Minis]

Hmm good question and while I have left instructions of what to do with my horses in the event of my death I wonder if i need to leave signed transfers for each horse in a safe deposit box

 

[MountainViewMiniatures]

Your executor (named in the will) or administrator (no will and appointed by the probate court) would need a copy of the death certificate and probate notice to prove that he/she is executorexecitrix or adminstrator/administratrix of the estate. Power of Attorney is not any good - poa is only good while person is alive and ceases upon their death. I'm taking the easy way and I am leaving signed transfers for my spouse - he just needs to be certain they are dated prior to my death!

I'm really surprised they did it on the widow's signature unless she was a co owner because she had absolutely no legal authority to sell those horses if they were owned solely by her deceased husband - if his estate wasn't big enough $ value wise to probate, you still need to go to probate to get a decree passing ownership to the wife.

 

[zacharyfarms]

Something to add to this is what I encountered when my husband died. We had several horses that were registered to both out names as:

Judith and Chris Zachary and some that are registered as

Judith or Chris Zachary...In order to sell. or register foals or bring permanent in my name only any of those horses that were registered to Judith AND Chris Zachary I had to send a copy of his death certificate and will stating that I was recipient of his portion of those horses...Be aware when you register in two names that it should be OR not AND to prevent future problems and that you are recipient of any portion of those horses in the others will or in my case that I was recipeint of everything..

 

[Buckskin gal]

In our situation, my hubby and I always have the papers in our names as "or" that way either of us can sign. With an "and" between names it will take both to sign. Even one of the kids names could be put with your own as an "or" and then in case of death they can do the paperwork. Mary

 

[minimomNC]

All of our horses were in both mine and Audie's name with or being the connecting word. Now they are all in mine and Samantha's name for the same reason, just in case. But the problem we had wasn't with the horses, it was with the trucks. Because they were all in his name only, I had to go before the clerk of court to have the paperwork signed that I was the person allowed to sign off on his possessions before I could put the trucks into my name. It is best to have everything settled before something happens. Don't think of it as morbid but as being prepared.