If my husband passed away and our mobile home was in both of our names, canIsign it over to my sons?

Theres a lien on it.

Asked on September 8, 2011 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not you can effectively transfer full regsitered title to the mobile home that is in the name of your deceased husband and yourself depends upon if it was held in joint tenancy or not. A joint tenancy holding usually has language where the item is owned by several people "as joint tenants with rights of survivorship."

If this is how the mobile home was held, then you need to sign an affidavit of surviving joint tenant before a notary public and attach a certified copy of your husband's death certificate to it. You then take the certificate down to your local department of motor vehicles to change registered title to the mobile home into your name. Once done, you can transfer title to your sons even if there is a lien on it. However, you need to be careful about a possible due on sales clause about any lien that may become due and payable as a result of the transfer.

If the mobile home's title is not in joint tenancy and your husband had no trust for his estate, you will need to either probate his estate if there is a will or administer it if there is no will to transfer title of the mobile home to whomever is to receive it. This will require a court filing in the superior court of the county and state where your husband resided at the time of his passing.


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