Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My brother inherited some land and trailer next to m. the…

Customer Question
my brother inherited some land...
my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him. we would like sopme kind of home for my brother-his home is falling apart. he is 54 yrs old, no longer able to work. he is going to sign to me to make decisions for him, as he is not able any more as a result of alcohol cosumtion. can you help tosee at least he has some kind of something to live in.
Submitted: 2 years ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 1 hour by:
2/29/2016
Estate Lawyer: Attorney2, Attorney replied 2 years ago
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 9,015
Experience: 30 Years in General Practice and Estate Planning
Verified

Welcome and thank you for your question. I am not sure that I am totally following the question so I will break it down.

my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him.

It sounded at first that your brother inherited the land and the trailer was signed over to him. You then state that your nephew moved into the trailer and is making payments to the landowner who provided your nephew with a quit claim deed.

my brother inherited some land and trailer next to him. the trailor is paid for singed over to him. my newfew has movwed into th trailor and is making payments on the land. the owner has given nefew a quick claim to the property. my newfew is holding the deed to the mobile home and is pushing my brother into signing it over to him. What is the nephew pushing to be signed to him?

Is the deed for the land? Who owns the land? Is the trailer on another person's land?

It also appears that you will have a power of attorney to make decisions for your brother. Is that correct?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
the mobile home was signed to .my brother, but not as yet recorded. my brothers name is ***** ***** it.newfew wants him to sigh over the title to the trailor.now, my newfew has managed to get all the paper work my brother had including title to trailor. my newfew contacted the owner of the land an let her know he was making the payments for the land and she quick deed him the land which is still not completely paid for. the same person=people deeded newfew land and gave brother trailor. the land deed was recorded at court house sept. 2015. brothers trailor is on newfews land it appears.i will soon have power of attorney, but not yet.
Estate Lawyer: Attorney2, Attorney replied 2 years ago

If the mobile home was owned by your mother and signed over to your brother it belongs to your brother. Only the owner of the trailer can transfer the title. No one can force him to sign anything. As far as the land the trailer is situated upon, who owns the land? The nephew may have a deed for the land but he has nothing for the trailer unless your brother signs it over.

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

If in fact there was quit claim deed recorded between the land owner and the nephew the nephew owns the land as far as title is concerned and therefore owns the land the trailer is situated upon. Was there a contract between the land owner and the mother or your brother to purchase the land? If there was the landowner had no contract with the nephew and breached the contract with your mother/brother.

Your brother can have the nephew removed from the trailer. Where in Florida is the land located?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
the problem is my newfew has gained all of the original paper work. how can we leagally get it from him?
Estate Lawyer: Attorney2, Attorney replied 2 years ago

So your nephew will not release the documents proving title to your brother? How did he become in possession of the documents? If it stole the documents you can contact law enforcement who will no doubt defer the matter by stating that this is a civil matter. If that is the case you would want to have an injunction filed against the nephew to have the court order the title documents be returned to your brother. Where in Florida is real property located?

Ask Your Own Estate Law Question
Customer reply replied 2 years ago
land and trailor is located in youngstown florida. how can we get the title away from him?=to the trailor and possobly all of the will, etc=oringal papers?
Estate Lawyer: Attorney2, Attorney replied 2 years ago

You would file a complaint with the law enforcement for return of the legal documents to your brother (unfortunately law enforcement have a tendency to not get involved by stating that this is not a criminal matter but rather a civil matter) How did the nephew obtain the title documents? If the police/sheriff will not assist you have your brother file an injunction against your brother having the court order the return of the papers. Give me a moment to provide information on filing a court action and a link for local attorneys that provide free consultations. A demand letter from an attorney may to the trick.

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

Are you still with me?

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

This is a link for attorneys that provide free legal consultations http://lawyers.findlaw.com/lawyer/firm/wills/youngstown/florida

If the documents were taken unlawfully the action is called replevin

"78.01 Right of replevin.--Any person whose personal property is wrongfully detained by any other person or officer may have a writ of replevin to recover said personal property and any damages sustained by reason of the wrongful taking or detention as herein provided." http://law.justia.com/codes/florida/2005/TitleVI/ch0078.html

Sample complaint form for another county in Florida http://www.bakercountyfl.org/clerk/forms/replevin_complaint.pdf

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

This is a link for attorneys that provide free legal consultations http://lawyers.findlaw.com/lawyer/firm/wills/youngstown/florida

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for mu work I would appreciate it.

Thank you for using JA!

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

Please ignore the additional services request.

Ask Your Own Estate Law Question
Estate Lawyer: Attorney2, Attorney replied 2 years ago

The attorneys on this site do not receive credit for their work if you do not rate us positively. Do you have any additional questions for me or can I be of further assistance to you?

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Attorney2 Your Own Question
Attorney2
Attorney2
Attorney2, Attorney
Category: Estate Law
Satisfied Customers: 9,015
9,015 Satisfied Customers
Experience: 30 Years in General Practice and Estate Planning

Attorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,908 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,629 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,145 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,522 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,215 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My sister lives in a mobile home on land she doesn't own.
My sister lives in a mobile home on land she doesn't own. She is making payments on the mobile home to a bank. When the loan was first taken out, … read more
Jessica B
Jessica B
Juris Doctor
1,702 satisfied customers
Background: My wife/I own a lot in a small town in
Background: My wife/I own a lot in a small town in Louisiana. 12 yrs ago, we offered my brother, who was in dire financial straights, to park a mobile home on the lot where he could live rent free for… read more
Jessica B
Jessica B
Juris Doctor
1,702 satisfied customers
My father passed away in June of the last year. On his death
My father passed away in June of the last year. On his death bed he told my sister and I that he wanted my youngest brother to have his trailer and to keep his car as long as he continues the payments… read more
LegalGems
LegalGems
Juris Doctorate
12,822 satisfied customers
I married a widower who had a stepdaughter. He was told that
I married a widower who had a stepdaughter. He was told that when he passed, she will inherit half of what they had. I sold my property and put $60,000 into repairing his older mobile home to make liv… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
In 2008 I inherited 50/50 of my mothers properties with my
In 2008 I inherited 50/50 of my mothers properties with my sister. She was the trustee of trust. She wanted to buy out 1 of the properties from me & my share of it was to go towards purchasing a mobil… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
We have 4 beneficiaries to our Moms estate of which she left
We have 4 beneficiaries to our Moms estate of which she left no will, only a written letter she keep in her Bible. We all agreed to honor her wish's and divide the property as she instructed. We agree… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
My stepmom passed away recently and had a mobile home trailer.
My stepmom passed away recently and had a mobile home trailer. When she obtained the trailer, I cosigned the loan therefore the title is in hers and my name. It is located in Nebraska and I live in Te… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,629 satisfied customers
My Step dad passed away in december all he had was 1 acre of
Hello i am Teresa my Step dad passed away in december all he had was 1 acre of land a truck a car and a toter that move mobile home his mom is still living the land also has my moms name on the deed b… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My sister passed away three years ago. She did not have a
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… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,908 satisfied customers
My Uncle is leaving me his estate and all he has is a car,
My Uncle is leaving me his estate and all he has is a car, trailor an a lot of money in IRA. I don't want to go to probate so what instruments should I have inline for him to avoid all of this and wha… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
My Dad passed away 1/6/1995 my Mom passed away 10/14/2004.
My Dad passed away 1/6/1995 my Mom passed away 10/14/2004. Neither had much of anything. The trailor was already in my name before my mother passed away. The deed for the land that the trailor sits on… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I own the land, that my grandma had a trailor on she has since
I own the land, that my grandma had a trailor on she has since passed away, My grandma passed away july 26.2010. My uncle is ext. of her estate, we are goiing to court Nov 10. He has not been over to … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,187 satisfied customers
My wifes mother just passed away early Wednesday morning.
My wife's mother just passed away early Wednesday morning. We know of no will, though there might be list of items that she had wanted to go to certain people in the family but it is on a computer tha… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
both parents are deceased and both brothers are trustees of
both parents are deceased and both brothers are trustees of the trust a & b one will not sing off on it he wants it all. what can be done?… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My husbands father, who lives in Haines Alaska purchased a
My husband's father, who lives in Haines Alaska purchased a double wide mobile home for my husband and our children here in Indiana. Originally my husband was making payments but his father stopped ac… read more
Daniel Solutions
Daniel Solutions
Doctoral Degree
5,212 satisfied customers
my mother was recently widowed after 8 years of marriage. the
my mother was recently widowed after 8 years of marriage. the husband had her sign a prenuptial agreement . he had several properties one in north florida where my moms mobile home was brought and set… read more
LawNinvest
LawNinvest
Attorney
Juris Doctorate
66 satisfied customers
about a year ago my mother passed away leaving me the executor
about a year ago my mother passed away leaving me the executor of her estate.she had a piece of property and a mobile home.in her will she gave the mobile home to my brother and the land was put in mi… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
my brother passed away julyXXXXX louis mo he lived in ...
my brother passed away julyXXXXX louis mo he lived in fredrectictown mo he had no will & i live in florida. i have paid for his burial and need to get his things from his home he was so called renting… read more
Marcus Parker
Marcus Parker
Doctoral Degree
244 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x