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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37094
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My sister passed away three years ago. She did not have a

Customer Question

My sister passed away three years ago. She did not have a will. She had a mobile home in her name. There was a balance of $25K left on the mobile home. Our mother paid off the balance. My mother would like to deed me the mobile home. On the title the mobile home is in my sister's name, but resides on my mother's property.
My sister had two children, ages 21, and 25.
Can my mom sign over the deed to the mobile home that is in my sister's name. My mom also wants to include the land - that is in my mom's name.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If sister passed away without a will, then anything she owned would go into her estate and descend according to state law. If she had children, but wasn't married at the time of her death, then the children would inherit everything. So this means that her children would inherit the mobile home once the estate was settled.

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A mobile home has a title, not a deed, so since mother is not the legal owner of the mobile home, she couldn't sign over the title to convey ownership. Legally daughter's estate owns the mobile home and someone would have to file a probate case to settle it and the children would end up receiving all the assets.

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The only way mother could sign over the mobile home would be if she filed a probate case to settle daughter's estate and then got the children to agree to allow her to transfer the home to you.

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thanks

Barrister

Customer: replied 1 year ago.
My mom said that the mobile home has been turned into "real property." At the recorder of deeds when you get a description of the land my mom owns the mobile home is included. Does that matter? What is real property? My mom also said she has paid the property taxes on it. She said the property taxes are included on the same statement as the land taxes.
Expert:  Barrister replied 1 year ago.

Ok, if the mobile home has been permanently attached to a foundation, then it would be considered a fixture and transfer with the actual land if mother were to deed it over to you.

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So that changes things and if mother deeds over the actual land (i.e. real property) then anything permanently attached to it, including the home and any other structures, would come with it.

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A mobile home is considered personal property with a title, like a car. But when it is permanently attached to a foundation, it becomes a fixture that goes with the land.

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thanks

Barrister

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