Legal Question in Wills and Trusts in Virginia
my mothers property
My mother and grandmother purchased a trailer together in 2001.My mother put down $20,000. My grandmother paid the closing costs. My grandmother passed away last November. My mother's siblings want my mother to sell her trailer and property so they can get some money out of it. Do they have rights to my mom's home?
2 Answers from Attorneys
Re: my mothers property
On what theory are these familial vultures staking their claims? Have they considered the possibility that, perhaps, it was your grandmother's intent that whatever legal interest
she may have had in the trailer was to pass upon her death soley to your mother and was not to be shared by any of mother's avaricious siblings?
Re: my mothers property
You should consult with a Virginia lawyer to discuss the applicability of the law to the facts of your particular situation. The following is general legal information on titles and estates.
Your mother's trailer may be personal property or real property. As movable personal property, a mobile home may be titled by the Virginia Department of Motor Vehicles. Your attorney may want to examine the certificate of title or certificate of origin to determine who is on the title to this personal property, and how it was held.
A mobile home or trailer or manufactured housing may be converted into real property by removing the axles, tying it down to the ground, and installing a permanent skirting. It then becomes an improvement to the land. Ownership of the property would then be determined by a deed recorded in the land records. Some parcels of real estate pass outside of the probate estate because they are held in a tenancy with survivorship. The survivor becomes the tile owner upon the death of his or her co-tenant.
Your attorney should determine if your grandmother had a will or died intestate (without a will). If your grandmother died intestate, her property may pass to according to the Virginia law of intestate succession.