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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I am paying mortgage company directly my rent on mobile home.

Resolved Question:

I am paying mortgage company directly my rent on mobile home. Owner passed away. No lease agreement but my name is XXXXX XXXXX invoices showing 'in care of' my name because owner did not want me to forward her any mail. Her daughter has no interest and will sign anything to help me. Charitable organization that managed deceased owner's affairs state their was no will or executor. I would like to pay off but can not get insurance unless in my name. Any hope in this mess?
Thank you!
Carol
XXX-XXX-XXXX XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Carol,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Aside from the daughter, did the person have any other children, or a spouse who survived him?
2. Are we talking about the mobile home AND a piece of real property---or just the mobile unit?

Doug

Customer: replied 1 year ago.


Hi Doug


Charitable organization said only daughter but I am waiting on answer from daughter to verify...


Deceased owner lived with boyfriend who passed away earlier and there is a husband she was divorced from years before.


Carol


 

Expert:  LawTalk replied 1 year ago.

Are we talking about the mobile home AND a piece of real property---or just the mobile unit?

Doug

Customer: replied 1 year ago.


Mobile home only--also daughter is ONLY child...

Expert:  LawTalk replied 1 year ago.

Good afternoon Carol,

Under those circumstances yes, there is a way that you can get the mobile home.

The daughter will have to file a Small Estate Affidavit with the court and she can get the few items of her father's estate, including title to the mobile home, without having to go through traditional probate. Then she can transfer the title to you and you can pay the mortgage off and the home will be yours.

As the person you were leasing from left no will, and the mobile home was in his name, this is the only way that you can get legal title to the home. It must go through the court and with the cooperation of the daughter.

For a brief discussion of the process, here is a link:

http://texasprobate.texaslawyers.com/smallestateaffidavit.htm


You might consider hiring an attorney to help the daughter. It shouldn’t cost to much as there is only a little paperwork to do and you will get the mobile home in the end---so it is probably a worthwhile expenditure.

If you have additional questions, you may reply back to me using the Reply to Expert link.

Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

I wish you the best in your future.

Doug

LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 17 other Real Estate Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

Thank you for your positive rating of my service, Carol. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

Customer: replied 1 year ago.


I do so appreciate your time and your answer gives me new route to follow in hopefully fixing this situation.


Thank you,


Carol

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