How to transfer mobile home title of deceased mom, she never sent off title but have title with her signature & notier singature/seal. Have all recipts of bill of sale. No will, I'm closes next of kin, mom said do with it how ever you want. ...

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How to transfer mobile home title of deceased mom, she never sent off title but have title with her signature & notier singature/seal. Have all recipts of bill of sale. No will, I,m closes next of kin, mom said do with it how ever you want. Do her grandchildren from my deceased sister (deceased before mom) have a say in moms property or suposed to get any money from sale of mobile home..IF I can transfer in my name. Mobile home is sitting empty and accruing LOT rent bill.

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DakotaLegal's picture

Some of what we talk about

Some of what we talk about here may seem complicated; and that’s especially true when dealing with the loss of a parent. Though the idea of what we’ll discuss is meant to save the costs of settling your mom’s estate, you may also be eligible for some low-cost legal help. http://www.legalaidnc.org/. Even before reaching out to these free legal services, you will want to take an inventory of your mom’s property. This will include looking for receipts, bonds, cash, bank records, and also securing valuables. Even if there are no other valuables, you need to be able to state you looked for all assets to protect the estate.
 
To start managing her property, you will go to the county where the property is located and Petition the Superior County Court clerk. It is the clerk who can give you the filings and papers to become “appointed” to manage the estate. There are some reasons someone can’t be Appointed an administrator: examples are if they cannot read or write, have no specific interests in the property, or had no right to claim any possible ownership…see these rules at  http://www.nccourts.org/forms/documents/735.pdf.
 


  • North Carolina’s Small Estate Rules

 
Courts understand the need for simpler settling of a small estate, and their court staff can help someone in your situation get a good start. Here is a summary of what gets covered by this time-saving, simpler process of a smaller estate (under $20,000 in value).
 
While court staff absolutely won’t give you legal advice (per se) they will look over any documents you want to file, and clerks often help to see if they are complete. So wherever you are in North Carolina, try and get to the local court itself to get the forms you may need. Take time to say “hello” to the court clerks. Be sure they understand you are not asking for legal advice. Having said that, let’s look at some useful, step-by-step guides, beginning with the law of what you will swear to in an affidavit: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_28A/Article_25.pdf.
 
Letters of administration are issued by the clerk of superior court, upon your application, [technically, you’ll ask for an Application For Letters Of Administration, or form AOC-E-202]. You will state that you are the one who best qualifies as administrator of your mom’s estate. The “Letters” [ form AOC-E-403] are the way the court begins to give you official, written authorization. These letters are so you can carry out the more urgent jobs as an administrator. This helps prevent what’s called “waste” to the estate. http:// www. ncga.state.nc.us/ EnactedLegislation/Statutes/PDF/ByArticle/Chapter_28A/Article_4.pdf.
 
In the meantime, you will continue to protect all original documents, including the mobile home title and its notarized transfer. If possible, and after showing the park owner the application for administration, you should try to rent the home. Be careful: any money that you receive from the estate also has to be strictly accounted for, and kept separately from your own assets or accounts. This is especially important since there may be other people making a claim to your mother’s property.
 

  • Other Possible Claimants

 
When appointed, be ready to give all the identifying information about the other survivors, including your late sister’s children, and (if there are any) those children’s children. Even if someone has passed away, any possible heir has to be identified. So, for example, you will eventually need to present your sister’s death certificate. Overall, to protect your own rights and interests, be sure to follow the rules of being a “fiduciary.” Those duties are explained in this court case… http://caselaw.findlaw.com/nc-court-of-appeals/1358217.html.

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DakotaLegal's picture

Some of what we talk about

Some of what we talk about here may seem complicated; and that’s especially true when dealing with the loss of a parent. Though the idea of what we’ll discuss is meant to save the costs of settling your mom’s estate, you may also be eligible for some low-cost legal help. http://www.legalaidnc.org/. Even before reaching out to these free legal services, you will want to take an inventory of your mom’s property. This will include looking for receipts, bonds, cash, bank records, and also securing valuables. Even if there are no other valuables, you need to be able to state you looked for all assets to protect the estate.
 
To start managing her property, you will go to the county where the property is located and Petition the Superior County Court clerk. It is the clerk who can give you the filings and papers to become “appointed” to manage the estate. There are some reasons someone can’t be Appointed an administrator: examples are if they cannot read or write, have no specific interests in the property, or had no right to claim any possible ownership…see these rules at  http://www.nccourts.org/forms/documents/735.pdf.
 


  • North Carolina’s Small Estate Rules

 
Courts understand the need for simpler settling of a small estate, and their court staff can help someone in your situation get a good start. Here is a summary of what gets covered by this time-saving, simpler process of a smaller estate (under $20,000 in value).
 
While court staff absolutely won’t give you legal advice (per se) they will look over any documents you want to file, and clerks often help to see if they are complete. So wherever you are in North Carolina, try and get to the local court itself to get the forms you may need. Take time to say “hello” to the court clerks. Be sure they understand you are not asking for legal advice. Having said that, let’s look at some useful, step-by-step guides, beginning with the law of what you will swear to in an affidavit: http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_28A/Article_25.pdf.
 
Letters of administration are issued by the clerk of superior court, upon your application, [technically, you’ll ask for an Application For Letters Of Administration, or form AOC-E-202]. You will state that you are the one who best qualifies as administrator of your mom’s estate. The “Letters” [ form AOC-E-403] are the way the court begins to give you official, written authorization. These letters are so you can carry out the more urgent jobs as an administrator. This helps prevent what’s called “waste” to the estate. http:// www. ncga.state.nc.us/ EnactedLegislation/Statutes/PDF/ByArticle/Chapter_28A/Article_4.pdf.
 
In the meantime, you will continue to protect all original documents, including the mobile home title and its notarized transfer. If possible, and after showing the park owner the application for administration, you should try to rent the home. Be careful: any money that you receive from the estate also has to be strictly accounted for, and kept separately from your own assets or accounts. This is especially important since there may be other people making a claim to your mother’s property.
 

  • Other Possible Claimants

 
When appointed, be ready to give all the identifying information about the other survivors, including your late sister’s children, and (if there are any) those children’s children. Even if someone has passed away, any possible heir has to be identified. So, for example, you will eventually need to present your sister’s death certificate. Overall, to protect your own rights and interests, be sure to follow the rules of being a “fiduciary.” Those duties are explained in this court case… http://caselaw.findlaw.com/nc-court-of-appeals/1358217.html.