How do Iput my deceased father’s mobile home in my name?
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How do Iput my deceased father’s mobile home in my name?
I have lived in a mobile home on property that has been in my father’s name (on deed, divorced never remarried) years before his death and some 20+ years after. I have always paid the taxes and now want to pass the ownership own to my son. My father made a Will but it could not be found and this property was the only appreciable asset. My mother (divorced, never remarried) recently passed and both living brother and sister are not interested. How do I acquire a deed in my name?
Asked on November 28, 2011 under Estate Planning, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Ugh. You are going to need to seek help here from some one in your area (an attorney) that deals with probate and administration. I am assuming that your Mother was not on the deed. You are going to have to probate the estate of your Dad - you can ask to be appointed as the personal representative - and get your siblings to waive their inheritance rights to the property. Now, although they say that they have no interest people get funny when money is involved. So make sure that you have a list of all the taxes, maintenance and upkeep you have paid on the home over the last 20 plus years because that was the estate's responsibility to pay and you may be able to be reimbursed for it. The reason I say this is if the value of the estate is say $75,000 and your siblings think that they are giving up $25,000 they may not want to be so quick to sign the waiver. But if you have a claim against the estate for $60,000 for the last 20 years then the gross estate could be only $15,000 and then they may not give you a hard time. Good luck.
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