If my sister recently died, do we have the right to move her mobile home off of my parent’s property?

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If my sister recently died, do we have the right to move her mobile home off of my parent’s property?

She had no spouse but did have 2 minor children that she did not have custody of. She had no Will. She recently had a mobile home moved onto my parents property. We are trying to find out if it is possible for my parents or myself to move into the mobile home. We know that we cannot sell it because it is still legally in her name. No one is financially able to get a lawyer to get rights over her property.

Asked on February 13, 2015 under Estate Planning, Alabama

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  If your sister's assets are under $25,000 then you can do a small estate proceeding to be able to deal with the mobile home.  You can possibly sell it and give the kids the money in a fund.  You should not need a lawyer.  Go to the Probate Court in the county in which she resided at the time of her death. I would not move it until you have authority to do so.  Good luck.


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