Legal Question in Real Estate Law in California

Mobile Homes

My husband passed away and we live in a mobile home. The mobile home is in his name and we do not have a will. Do

I own this mobile home? How do I put the title in my name

and may I sell it without transferring title to my name?


Asked on 11/11/02, 11:18 pm

3 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Mobile Homes

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

You should consider re-posting this question in the "Probate" section.

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/14/02, 8:59 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mobile Homes

What you should do depends in part on the overall size of your husband's estate. Smaller estates (under $100,000 and no real estate) generally do not require formal probate proceedings, but there are still some requirements.

I do recommend that you see a lawyer in your community that specializes in wills, trusts and estates or probate matters.

Ask for a short conference; it should not cost you much.

You will need one or more certified copies of the death certificate, the title or 'pink slip' to the mobile home, and personal identification. If your husband had a personal bank account on which you were not a signer, you should locate the checkbook and recent statements.

Take all this to your lawyer appointment and ask how to re-register the mobile home and to transfer the bank balance. Also take any insurance information or anythig relating to his pension (if any).

Whoever handled the cremation or burial should have notified Social Security and county authorities, so presumably that's handled.

If you were married a long time and bought the mobile home with marital-community funds, in all likelihood you have inherited full ownership (subject to any mortgage or lien) but I can't be 100% sure on the facts given.

If his affairs were extremely simple and you can't afford a lawyer, get an appointment with the Department of Motor Vehicles and take them the same paperwork, and you may be able to carry out the re-registration yourself.

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Answered on 11/12/02, 2:10 pm
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Mobile Homes

If the mobile home is community property, it would be yours, and can be transferred without a probate.

If it is separate property, there may be relatives of your husband who are entitled to a share. You should consult with a probate attorney to find out what is needed to prove separate/community property and how to proceed.

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Answered on 11/12/02, 6:11 pm


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