Do I need a real estate or a probate lawyer

Real Estate 4 views 3 answers
When my family member died the mobile home they live in went to his wife now that she has past it goes to her daughter but neither had a will and the title for the mobile home was never registered it's still in the old owners name,The only thing the daughter has is the bill of sale and the unregistered title and she needs to sell immediately. I live in Georgia and am trying to help her I have called several pro bono and legal aide lawyers but haven't had anybody get back to me yet and the lot rent and utilities are going to be due the first of may and the park managers are not very understanding people. She has no income other than SSI. I'm in need of some advice on what to do to try to help her or any information on how to find her some legal help before she's put out and loses everything

Attorney Answers

3
Peter John Fiorella IIIProbate AttorneyBuffalo, NY ·
Generally speaking the mobile home is personal property. A small estate can be opened under Article 13 of the SCPA to get her appointed so she can get the title transferred into her name. This will take some effort to track the old owners down if something needs to be signed but if the mobile park owners try something, at least she has standing as the voluntary administrator of the estate to legally do something. Keep in mind a small estate proceeding is $30,000 or less of personal property in New York. If the mobile is worth more, then a full administration proceeding would be needed. This is more work because if the deceased had more children then each of them would be eligibility to act and the paperwork is more involved. I have included a link to the official Surrogate's Court form for your review. If she does need a lawyer, she should contact the local bar association in her county and ask about the lawyer referral list which costs very little (and some lawyers waive the fee) for a brief consultation to speak with a lawyer.
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Alisa Sondak ·
You definitely need a probate attorney. Since this is a small estate it should not be very expensive. Moreover, once she gets designated as an administrator, the park manager will not be able to evict the property and or the daughter.
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Hugh Martin MerleGeneral Practice LawyerWest Hampton Beach, NY ·
You do not need a real estate attorney, because the Mobile Home is personal not real property. The daughter could try to handle them matter on her own with the public administrator's office if it is a small estate, but using an attorney will smooth out the process.
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