Q: My mother passed in Oct with no will or executor. Her only asset was a mobile home that was paid for, but she rented
the lot. The home is valued at 8,000 but she had credit card debt in excess of 10,000. Do I need to go through the probate process? I have several other questions regarding this matter.
A: I'd be happy to sell you a discounted one-hour consult, and we could do it by Zoom in these quarantine conditions, but why would you want to open a probate estate? If her assets were $8,000 -- assuming you could get $8,000 after it was moved off the rental property -- and her debts were $10,000, then all the proceeds of the sale of the mobile home will go to pay the debts. And, as a bonus, if you do it incorrectly, like not using a lawyer and making mistakes, you could become personally liable for the debt. While you might want to spend an hour running through the details with a lawyer, it is highly unlikely that you will conclude that you want to become the administrator.
Ross Cameron Hart agrees with this answer
A: I agree generally with Mr. Sternberg. However, if the mobile home is titled (likely as it's in a park) then there may be a process with DMV where you, as sole heir, can get title. You can then sell the mobile home IF YOU WANT TO. There are several moving parts to this and a lot of ways you can get hurt. I can also do a consult if you want, but suggest you meet with a local probate attorney for more specific advice.
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