Legal Question in Wills and Trusts in Alabama
My mother and her partner had lived together 13 years when she died in 2008. Her will left everything to me and my 2 sisters. They lived in a mobile home and we did not want to make him leave since he had no money and no where to go. We wrote a paper "gifting" the mobile home to him for as long as he lived, at which time when we died that mobile home would revert back to me and my sisters.
this paper was signed by him, me, both of my sisters and notarized. He had the title of the trailer put in his name for homeowners insurance purposes. He passed away two weeks ago, what do I have to do to get the title back in our name? He left no will. Both of his parents are living.
Thank you so much for your help.
2 Answers from Attorneys
As it happens often, the way in which it was handled when you "gifted" him the trailer for life, may come back to make it more difficult to clear the title. To me, other questions must be answered first, such as, do his parents intend to open a probate estate for him, in order to perhaps access any other funds he may have had in his name alone? If so, they could then as the PR's of the estate, title the trailer back to you. This is just one of many scenarios, and I think the other courses of action depend on what this trailer is worth and what you intend to do with it. Visit our site, www.harvillesteinlawoffices.com for more info.
An attorney would have made this transaction work very smoothly, if only you all had consulted with one at the time of the transfer. The cost then would have been much less than unraveling the mess now. Why people do not ask for legal advice is beyond me. The bottom line is that you gave him the trailer. It doesn't matter if it was for insurance purposes or not. It is his now. Getting it back might be very difficult, especially if he has creditors, if his family wants it or if your relationship with them is rocky. You need to consult an attorney now if you want to have any chance of recovering it.
William G. Nolan
www.NolanElderLaw.com
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