Q: Mom mistakenly put mobile home and property in Tangible personal items and left to me. Can my brothers sign it over?
My mother lived next door to the property that I own when she died. Since her passing, I have been making the mortgage payments on her property. The property is in Bronson, FL. I have 1 brother in Daytona and 1 in Tennessee who both claim they would like for me to have the property. When Mom filled out her will, she wrote the property was to go to me upon her death but she wrote in the extra writings "Tangible Personal Property". No mention of the property specifically in the will. The will has no line items and simply states percentages to each of us. (40% to myself, 40% to my younger brother and 20% to my older brother) There is a $100k mortgage in my mom's name on the mobile home. Can my brothers sign it over to me? If they did so, the bank would then allow me to assume the mortgage. Is this okay to do if they both agree or does the house still have to be sold? There is a car with the same details only no loan.
A: I'm assuming that you are asking about the mobile home. It's not clear whether the mobile home is in your name or hers, but yes, if everyone agrees and signs it over to you, that should work.
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A: Once the real estate together with the mobile home goes through the probate process and the judge has issued a homestead order giving the land and the mobile home to the heirs according to their shares in the will, your siblings can sign an quitclaim deed to give their shares to you. This would all still be subject to the mortgage, and as the new property owner who has inherited the property and received the remainder by gift, the lender would acknowledge you and permit you continue to make the mortgage payments. That simple acknowledgement does not require a mortgage assumption. I know that it is available for when you inherit 100% of the property. A mortgage assumption may or may not be required for when a portion of the property is gifted to you. You should work with a probate attorney to complete this estate administration to get the court order transferring the property and mobile home to the children named in the Will, and then either that attorney or a real estate attorney can help your siblings with the quitclaim deed. I do not recommend that you try to prepare a deed yourself. Many mistakes are made when non-lawyers prepare their own deeds.
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