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Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33714
Experience:  15 years real estate, Realtor. Landlord 26 years
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I am listed as the or person on a mobile home in Bristol WI,

Customer Question

I am listed as the or person on a mobile home in Bristol WI, it states Richard G.Scheppe or Lawrence E. Cosner, well my friend Richard passed away on Oct 24 2016 and I'm being told that I have no rights to access or sell the property, its located in Rainbow lake Manor off of 128th st his daughters are on the power of att. along with myself. I'm being advised by other family members that I should have the property since my name is ***** ***** title, even though his Will leaves everything to his Two grandchildren, what should I do by the way half of the belonging in the home were purchased by me or jointly
JA: No, you can ask a one off question to try things out.
Customer: OK, if my name is ***** ***** a mobile home title as the OR person and the first named person on the title has passed away what are my options
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Wisconsin, Bristol
JA: Has any paperwork been filed?
Customer: What type of paperwork
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes his daughters are on his power of att. as well as myself and they state that the power of att. trumps the OR designation on the title and gives them the right to sell with out my say at all
Submitted: 27 days ago.
Category: Real Estate Law
Expert:  Barrister replied 27 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If you were listed on the title as "OR" then that means that you were joint tenants with your friend and when he passed you became the sole owner of the mobile home instantly. So it is your mobile home now.

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The will doesn't control the mobile home because it passed instantly to you upon his death.

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So the home is yours and you are the only person who has the right to access the property now. So you can enter it and change the locks and tell the daughters or anyone else that if they enter the property you will file a criminal complaint for burglary and have them criminally prosecuted.

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As for anything in the home that was friends sole property, that is his and once someone is appointed are representative for his estate, you will have to surrender that personal property to them. But anything that you owned jointly is yours now.

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thanks

Barrister

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