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RayAnswers
RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 40655
Experience:  Texas lawyer for 30 years in Estate law
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My mother recently died. She had previously titled her

Customer Question

My mother recently died. She had previously titled her manufactured home in her name or mine. My questions is about the belongings inside the mobile home. Her will states that she wanted all her things liquidated and the proceeds to be split equitably. Is the property in the manufactured home to be split equitably or is that property mine since the mobile home is now mine? She also titled a motorhome this way with items included inside. My next question is if I/we decide to sell the property, will the manufactured home be separated since it is separately titled to me?
Submitted: 8 months ago.
Category: Estate Law
Expert:  RayAnswers replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

Expert:  RayAnswers replied 8 months ago.

Here you would probate the will and the possessions are sold by the executor.Any person can purchase this is usually done as a yard estate sale.It is possible for the family to sign settlement agreement if actual division is possible.The mobile home with all appliances belongs to you if titled to your name.The possessions have to pass through probate by will.The executor would file will for probate unless heirs can decide how to fairly divide them among the heirs.If that can be done it avoids the cost and any creditors from probate here.The personal property here goes to the heirs.Any built in furniture that came with mobile home is considered an appliance.

I appreciate the chance to help you today.Thanks again.

Expert:  RayAnswers replied 8 months ago.

Please let me know if you have more follow up.

If you can positive rate 5 stars when we are done it is always much appreciated.

Customer: replied 8 months ago.
My mom wanted to avoid probate as much as possible but we hired an attorney. I am a co-executor in the estate. You say "here". Does this mean that you've done no research to find out the laws of the state of Idaho? Since this is a vehicle and not a "home" are the laws different?
Expert:  RayAnswers replied 8 months ago.

Yes this is Idaho.Here any furniture that came with the mobile home is considered part of the home since it was sold that way.It is similar to an appliance.You certainly could try and informally resolve this with the heirs and pay them an agreed upon sum and skip probate.The lawyer could preapre a family settlement agreement if you can negotiate something to avoid probate.

Thanks again.

Expert:  RayAnswers replied 8 months ago.

Check the definitions out ..

(16) "Estate" means all property of the decedent, including community property of the surviving spouse subject to administration, property of trusts, and property of any other person whose affairs are subject to this code as it exists from time to time during administration. Here the mobile home and appliances/furniture passed by title to you not by probate.