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Legalease
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16367
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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My father cosigned on my mobile home contract in 1998 and in

Customer Question

My father cosigned for me on my mobile home contract in 1998 and in 2001 he died. My mother, his legal and only wife, filed a small estate affidavit in 2004. However, his name appeared after mine on the title when I paid off my home in 2012. Six weeks ago Texas experienced a historical flood and my home was totaled from fallen trees. When I received my insurance check it was made out to me and to the "estate of my dad ". I am going through nine kinds of grief trying to get it deposited. My only siblings are the executor and executrix of my mother's Will. She passed away in Jan. 2015. I'm sorry this is so long but I want to give you as much information as I can. Please help me. I live in Harris County, TX. 77375.
Thank you, jghum
Submitted: 1 year ago.
Category: Estate Law
Expert:  Legalease replied 1 year ago.

Hello there --

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The executor of your mother's estate (your father's sole heir) must sign the title of the mobile home over to you exclusively. There is a procedure to follow through the Texas DMV to have the estate sign over the motor home to you. You should check with the DMV, because it may have to be signed by your mother's heirs as the administrator of her property or her estate. However, here is the EXACT form that you need to do this with instructions set forth at the second page. Your Mom should have done this while she was alive, however, if your sisters and brothers are willing to swear that there is no probate estate for your mother and/or it is just a small estate affidavit, then they should be able to sign this paperwork for you so that the title ends up in your name ONLY. Unfortunately, you will have to wait until a new title is issued in your name alone before you can present it to the insurance company and tell them that all estate matters have been sorted out and a check can be issued in your name alone. While it may get a bit complicated with the DMV because of the two estates (they might require that your mother's administrator sign it over to her and then to you -- which seems silly, but you never know).

Here is that link to the form: http://file:///C:/Users/marym/Downloads/VTR-262%20(1).pdf

Do you have any further questions for me? If not, can you please press a positive rating above these chat boxes so I will be paid for my time? I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. So, I really do appreciate that you want to make sure I am paid and given credit for my time for assisting you with this question. Your question will not close and you can come back in and ask follow up questions for several weeks after the question was asked. THANK YOU VERY MUCH

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MARY

Expert:  Legalease replied 1 year ago.

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Hello again --

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Do you have any further questions for me on this topic? If not, can you please press a positive rating above these chat boxes in the star rating section? I am paid NOTHING unless you press the middle star or the third or fourth star to the right of the middle star above in the ratings section. Doing so will not cost you additional money -- it is simply the trigger used by Just Answer to pay me for my time assisting you with this question. Otherwise, I am paid nothing. THANK YOU VERY MUCH

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MARY