QUESTION
Can I just take the mobile home and put my name on the title? Is the mobile home rightfully mine?
Asked on Jul 28th, 2013 on Landlord and Tenant Law - Oregon
More details to this question:
My dad just died Friday and I’m still grieving but my family is already fighting and going through his stuff and asked me if my dad gave me any papers. I said yes but really wasn't ready to do all this yet. Later my uncle came over and luckily my fiancé' thought to make copies of the paperwork we have to give to them so me and my fiancé' have the originals. Anyway I have a bill of sale that my dad and I both signed and I have the form where he signed for me to get a duplicate title so because his so called wife stole the original from him. But being as how he died and has no will can't I just take the bill of sale and get the title in my name now? Also, his wife has the original title she stole from him, and swears the mobile home is hers and I'll never get it or step foot in it again, where he at one point awhile ago was going to sign the title over to her but he scratched her name out, so basically the title is null and void. Is there anything she can do, or is the mobile home rightfully mine? If so when I evict her from it is there a way to make sure she only takes her belongings because my dad had that mobile home way before they ever got married and he only wanted her to take what was hers her bed, clothes, and tv the rest is his.
6 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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The first thing I would advise you to do, especially since he left no will, is to retain an attorney to open a probate estate in the probate division of the circuit court for the county in which your father was living at the time of his death. If this woman is legally his wife (common law marriages are not recognized by Missouri even if another state recognizes them) she will have certain spousal rights. She would be entitled to the first $20 thousand dollars in value of estate assets plus one-half of the balance. The other half would be divided equally between children of the deceased or their descendants if the child is deceased. A spouse may have the right to elect to take against the estate but this can be complicated and there is a limit on the time during which this election can be made. Hire an attorney immediately. Don't waste time arguing.
Answered on Jul 30th, 2013 at 11:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You are going to have a fight on your hands. You need to involve an attorney, right away. If probate would otherwise not be necessary, the surviving spouse can get a new title issued in her name, as next of kin. She would then have legal authority to evict you. It does not sound like she is going to quietly walk away and allow you to have the home. I would get a lawyer right away and prepare for legal war.
Answered on Jul 30th, 2013 at 11:39 PM
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The wife likely has a community property interest in the mobile home that your dad had no right to transfer. You will not get help in a forum like this. Call a local attorney. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Jul 30th, 2013 at 11:38 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to file a probate case for your father's estate and get all of this in front of the judge. I am sorry you don't feel like it, but much better sooner than later.
Answered on Jul 30th, 2013 at 2:12 PM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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You are going to have to file a case in probate court. If no one can agree, a judge will have to divide the property.
Answered on Jul 30th, 2013 at 1:52 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If this is an Oregon question, then the mobile home title is not a bearer instrument it says what it says. The actual ownership of the mobile home is listed at the Building Codes Division, and altering the title document gets you a scribbled-on document, without changing the ownership. If your dad sold you the mobile home, and you have a bill of sale to prove it, then you will need to get the administrator of his estate to help you complete the sale transaction. His estate is going to go one-half to his wife and one-half to his kids (I assume his kids are not her kids).
Answered on Jul 30th, 2013 at 12:20 PM