Posted by John Merchant on June 26, 2007 at 09:35:21:
Appears the clerk really isn’t understanding that there is no Last Will and nothing you could do now would make it valid.
So my suggestion is you do go talk to your lawyer and get his/her help on doing a simple NON-will “Intestate Administration” procedure (used by surviving legal heirs where there is no Last Will) as your statutes permit.*
While this might cost you between $500-1000 wouldn’t you rather have some of the profit than none of it?
*In every state there is a schedule of lawful surviving heirs(kids, spouse, parents, siblings, etc.) who are entitled to ownership of the decedent’s property if & when he/she dies with no last will.
If you’ll find your State’s Statutes online you can find “heirship” etc. and be looking at your required procedures quickly.
My deceased mother has left me as beneficiary in her will. She has a mobile home (paid for) I would like to put it on the market. She did not sign the title when she appointed me Power of Attorney because she thought (as I did) that she was coming home. What is the proper procedure to transfer the title if I sell the property?
Posted by John Merchant on June 17, 2007 at 20:27:01:
If you’re the only heir by law in her state of residence then a buyer might safely take the title signed by you, the only heir, without a probate of her last Will.
I’ve known of many estate situations where the heirs got together and decided to NOT probate a will, thereby saving some substantial attorneys fees.
Then they just sat down and divvied up the property and gave each other deeds and titles, everybody signing on everybody else’s deeds and titles…all very friendly and amicable.
Since this is a MH you’re concerned about, and the title being handled just like a car, I’d go talk to the DMV and see what documents they’d want to have you give them to prove you are the only heir, etc.
Thank you for your help with the trailer title. Now I have run into a snag with the share property. The property is under contract with the park and my mom. I have the original will where I am named beneficiary however, when I went to submit my Summary Administration to have the property switched to me the clerk said I have to have a notarized will (the original from 1976 is not notarized) or find the lawyer (from 30 years ago, no luck) or witness (likewise) or I can’t do anything with the property. I have a buyer ready to go any suggestions as to where I can go from here to close this deal?