Legal Question in Wills and Trusts in Minnesota
Lien on property, no will
My mother in law just pasted away. She has no assets only huge debts. She has no will, lived on SS of her divorced husband. When she had money she bought a trailer. The value of the trailer is 19,000.00, but also has a lien's on it for $15,000. We have a person who would like to buy it asap for $19,000.00, but becausae of the lien on it, I don't know what to do. I know because it is under 20,000.00 it doesn't get probated. The lien holder is willing to sign his right away all he wants is the money he borrowed her. Do we have to go to the courthouse and get a affidavit of survivorship and does only one of the 3 children have to get it. Does that give us the right to sign the title over to the buyer and pay the lien holder out of that since our name is not on the title, only his deceased mother and the lien holder, who is a personal friend of hers. Does this involve having a lawyer involved, do we have to pay tax or claim the money as our income or inheritance. My husbands sister wants us to do the work on this because we live locally, even though we have no monetary stake in it. She also has a huge stake in this sale because she is the other person who is holding a promissary note and wants payment out of the sale. Please help.
1 Answer from Attorneys
Re: Lien on property, no will
Your question made my head spin. It would be worth it for you I think to spend a few hundred dollars to have a lawyer review the situation and advise you what to do.
My first thought was: if you have a lot of debt, do nothing. If you don't probate anything, the creditors have no place to file claims.
Next thought: some lawyer better review the "lien" and see if it is properly filed with the state. On a mobile home, either it is listed on the title certificate or it's not a lien. If it's not listed there, the guy claiming the lien can whistle Dixie.
Third thought: the trailer is probably an exempt homestead. Creditors can't claim against it. Being worth less than $20,000 the children can do an affidavit to collect assets and probably get title free and clear of the unsecured creditors claims. But you better get a lawyer because this is complicated.
Bottom line: You have a complicated situation which has potential dangers and pitfalls and you better see a lawyer.
An example of things that could be hiding: Claims by the state for medical assistance. Just this morning in my email here's a fresh decision by our court of appeals - where our glorious attorney general Mr. Hatch - friend of the common man of course - is going after somebody's homestead for a medical assistance lien.
My suggestions: 1) call a lawyer, and 2) plan on voting for Palenty.
Good luck
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