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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42890
Experience:  Texas lawyer for 30 years in Estate law
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My stepmom passed away recently and had a mobile home trailer.

Customer Question

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 Texas. My brother is trying to avoid going through the probate process and is saying the funeral director said the trailer would revert to being my property. I have my doubts about that and to further complicate matters, she owes the mobile trailer lot owner 3000 dollars which I have asked my step brother who lives there to try to negotiate to prevent any action to take the trailer for what is owed. Even considering all this, she still has all kinds of personal property and records left there. I am sure she has debts as well. There was no will made even though I asked my step brother to try and take care of that before she passed. What steps need to be taken?
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA Ray here to help you today. The Affidavit for Transfer of Personal Property without Probate may be used to collect personal property of the deceased, without probate, where:the fair market value of the entire estate of the deceased, less liens and encumbrances (everything the deceased owned minus everything the deceased owes) is $50,000.00 or lessthirty days or more have passed since deathyou are not a creditor to the estatethere is not a Personal Representative, application for Personal Representative, or petition for Personal Representative andownership of real property (such as land) does not need to be transferred.The Affidavit for Transfer of Personal Property without Probate form must be signed in the presence of a notary. Do NOT sign the document UNTIL A NOTARY IS PRESENT AND WITNESSES YOU SIGNING THE DOCUMENT. Be sure to include the date you signed the document.If you want to transfer title to a motor vehicle, you must provide the Department of Motor Vehicles a statement of value of any motor vehicle transferred from the County Assessor of the Decedent's residence. If you want to transfer real property without probate proceedings, please see the Affidavit for Transfer of Real Property without Probate (CC 15:41). So here if you file the affidavit with DMV where trailer is titled then they would transfer it to you with the lien remaining on it.To me it is in your interest since you cosigned it to try and get it into your name even if you can then transfer it to the lender to give it back.This would lower your liability here. Forms here I appreciate the chance to help you today.
Expert:  RayAnswers replied 1 year ago.
It sounds like mom had right of survivorship here and it would pass to you here if you transfer it with affidavit above.