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Bonsylar | How do I get a mobile/manufactured home put only in my name.? |
My auntie is "helping" me take possession of a mobile home I inherited from my uncle (her brother).
She said it had to be put in her name as well as my name to avoid an inheritance tax and/or a gift tax. Why?
She said that in time (she didn't say how much, it's going on a year and a half) she would take her name off, but she's dragging her feet.
She's also keeping me "in the dark" about the process and procedures.
How do I get her off the paper work?
What agency deals with mobile home registration and taxing?
Can I get copies of everything from the city/county? How?
What else do I need to know about mobile home ownership? |
 |
 
Aspen Dreamer
|
You failed to mention your age and what state you are in...
This all hinges on where you are, because laws vary state to state..
I wouldn't take advice from people on Answers because we are all just guessing, since we do not know every detail or what you failed to mention...
I would go see a lawyer...
Get one that gets paid at the end of a lawsuit... |
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teaser0311
|
I think she lied to you. First, you need to understand that a mobile home is just like a car. It has a title of ownership. It's not a deed. However, if the mobile home sits on land, and your uncle owned the land, and what was bequeathed to you was both the mobile home and the land it sits on, then there is a deed (to the land) in which case, there would be a deed to the land, and the mobile home would be included on the deed.
The answers to all of your questions depend on where you live, because laws vary by state. It's likely that you can find a web-site for your state government that includes a way to search state statutes. (Florida has it.) You need to learn about probate law. Any state I've ever lived in did not have an inheritance tax when property was left to the spouse. But, I've never heard of avoiding an inheritance tax when something goes to a sibling. I could be wrong, but that sounds fishy to me.
Once her name is on the title and/or deed, you can't get it off, without her signing it over to you ... unless she defrauded you, in which case you'd have to go to court over it.
If you were a minor when your uncle died, then it would make sense property couldn't be titled in your name alone. But, if that were the case, it should've been titled in the name of a trustee for you, in which case if she were designated as trustee, then it would be both her name and yours. If a trust were set up, that's something you should know about.
You can get copies of the Will from your County courthouse, and that sounds like a very good idea. Just look up the phone number to the probate office for your county, and if you can't find a number for the probate office, look for an information number for the courthouse. Try yahoo yellow pages.
The executor/executrix of the Will has a legal responsibility for carrying out the terms of the Will. Presumably, if your auntie had the legal authority to tack her name onto the deed, she's probably the executrix. That being the case, she'd be responsible for proving she did what she was supposed to do, and if she does anything shady, she can be in big legal trouble. Again, if you were a minor, she might've done everything acceptably, except for if you're no longer a minor, there's no excuse for her not signing your inheritance over to you.
I wish I knew what state you're talking about. It upsets me when relatives get sneaky after a death, and your auntie is definitely being sneaky. The only excuse for keeping you in the dark is because she's got something to hide, which either means she's deceiving you, or she's ignorant. Neither is acceptable.
Email me if you need some help tracking down statutes. |
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krazykyngekorny
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If there was a will and you were named solely, you can sue for sole ownership, but time is running out.
If there was no will, she legally owns it and can do as she pleases.
However, you can refuse to pay any taxes, and she will pay up or lose it all. I suggest you consult an attorney, even if you are a minor.
______________________________________...
KrazyKyngeKorny(Krazy, not stupid)
¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯¯... |
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Lisa R.
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First off , if this was left to you through an inheritence then she has no right to be on the deed at all. You are the owner of this mobile home and you do not have to share that with her or anyone else.
There may be taxes due but that is the same with any home.
She may have good intentions but as long as her name is on your moble home, she is partial owner and is entitled to half of whatever it's worth if something should happen to you.
I would speak to a lawyer about this and see what you can do legally to get her name off your deed. Ask what the legal ramifications are and what costs you will have to absorb if you take this action. |
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Expert Realtor
 |
She is WRONG. Unless you are inheriting in excess of $250,000, you don't pay inheritance taxes.
Even if it WERE worth that much, putting it in the names of multiple parties doesn't avoid the tax that is owed.
She just conned you into owning 50% of the property and unless she is voluntarily willing to quit-claim it over, you'll have to go to court to get sole ownership. You cannot remove someone's name from a property without their permission. |
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Cynnek.blogspot.com
 |
Go seek a Real Estate Lawyer about this ASAP.
Sounds like your aunt is trying to take ownership of the property herself and she might be entitled to it.
If you're asking the questions your asking, this is not something you should try to resolve by yourself. |
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emeraldseye
 |
It looks like when she tried to "help" you, all she did was "help" herself to half of your inheritance...all is not lost though. I will try to address each of your questions individually and hope that I don't lose you on the rhetoric. Real Estate is a big mystery to a lot of people, but I have 12 years in the business, and I know my stuff.
I don't understand why she said she had to put her name on it as well as yours to avoid an inheritance tax or a gift tax, I haven't quite ever heard of such a thing. I can only assume that she did that to have a vested interest in the property.
I don't know what state you live in, but the laws on property ownership are basically the same in every state, and some have little quirks, your best bet is to consult a real estate attorney. However, you can have a special warranty deed drawn up and in good consideration (usually a nominal amount, we use $10.00 in Texas) you can have her sign her ownership interest in the property to you directly.
The process and procedures for doing this are very basic, if you know where to go. As I suggested, you need a real estate attorney, however a title company in your area can also draw up the paper work you need. Your aunt, yourself and a notary will have to sign it and it is all recorded at the county clerk's office. You did not mention if this property has a mortgage on it, so I cannot tell you if it will go to the Mortgage office or the Conveyance office.
Your name is on the property as well. She cannot keep you from getting the paper work and it is all safely kept at the County Clerk's office and the paper work is available to the public, even IF you aren't on the deed. I suggest you start there and get the Volume and Page number of the Instrument that was recorded at the time of your uncle's death regarding the property. You will need his name, your name, your aunt's name, the property address (legal description would be helpful - that is the lot and block of the subdivision the mobile home is residing at presently).
I don't know about Mobile home registration, I haven't ever heard of such a thing, once the mobile home is sold and moved, the only thing left are the tags (serial numbers) on the outside of the mobile home. They are only used to track ownership at that point. The taxing authority is the county tax assessor. I live in Texas and I can go to the Tax Assessor's office and all I need is a property address and pay a nominal fee for a tax certificate and they give it to me on the spot.
I don't know what you are asking about mobile home ownership, the question is too vague. If you are living in the property or planning to rent it out, it is up to you. If you want to move it, you need to find out if you own the land it is on, that is important, you also need to know if the axle and tandem have been removed, if they have, you may not be able to move it until you have someone come out to look at it to see if you CAN move it.
I hope this helps you some. If you have any more questions that I can help you with, please feel free to email me at emeraldseye@yahoo.com.
-Em |
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LEC
|
There are a lot of issues with mobile homes. The variables include the state you live in as well as local ordinance. If it is considered a "mobile home" then the registration and taxation go through the County Treasurers office via the Department of vehicle registration. Same as cars, trucks, and boats. If it is on a lot away from a park and is on a foundation then it is through the county clerks office. You can draw up a Quit Deed and ask your Aunt to sign it, but if she has some reason she doesn't want it out of her name you need to address those concerns. Regardless of who ended up with the trailer you or her they may or may not be an inheritance tax but that would have occurred the first tax season after the death of your Uncle. But I don't think there is such a thing as inheritance tax on a trailer; probably the county would require the new "owner" to pay a sales tax fee for transfer of ownership. You don't indicate how old you are or why its such a bother for your Aunt to have her name on it. Maybe you want to sell it and she doesn't think that is a very good idea??? Regardless, until she is willing to sign it over or take her name off the registration there isn't much you can do. |
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Leo F
 |
First there is no inheritance tax under $650,000 in the US So she is blowing smoke up your butt. I did not pay one dime on $ 350,000 |
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crackbaby_too
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What you need to know about mobile home ownership?
DON"T DO IT!!!! RUN NOW GET AWAY FAST!!!
I was raised in a 14x70 trailer from age 1 to 14 then like an idiot my ex-husband persuaded me to move into a 14x65 when I was 19, it would be another six years before I would finally just leave, taking my things and leaving the rusting leaking falling apart piece of garbage.
After living in apartments for a few years (where landlords are responsible for fixing everything and cutting the lawn), I now live in a 3BR two story house, that won't blow away in a windstorm or burn to the ground in 30 seconds.
Mobile homes are death traps that envelop the inhabitants in a perpetual cycle of poverty.
If I save one person from Trailer Hell, let it be you.
Get the title (it has wheels they title it like a car), sell the thing and invest in something better, like college.
If it comes with land you could keep the land and have a scrapper come take the trailer or sell it cheaply on craigslist to someone to move to hunting property. |
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