If both spouses’s names are on the title of a mobile home, and 1 spouse dies, does the living spouse have to remove the decesed spoe’s name to sell it?

My dad passed away 2 years ago. My stepmom needs to sell the mobile home because it is too much for her with just her income. However, she is afraid that she cannot sell it with my dad’s name still on the title and does not know how to get his name removed.

Asked on August 16, 2012 under Estate Planning

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  You have to determine if it is considered real property or personal property.  If it is real property is the mobile home held jointly with "rights of survivorship" or as "tenants by the entirety"?  If it is then she inherited it automatically at the time of his death.  It could be the same if it is considered personal property (as bank accounts are as well).  Now, if she wishes to seel she may only need a copy of his death certificate to prove his death and that she inherited it automatically.  If it has to go through propbate then a small estate may suffice and she would file in the county in which he resided at the time of his death.  SHe may need some help here to determine what is what.  Good luck.


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