As said, 50% of the trailer is your brothers. Its Moms half that is in dispute. Did she have a will leaving her half to you? If no will, its part of her estate so u may want to run this by probate. If no Executor then an Administrator can be named. If trailer worth less than 20k (in NJ) than an affidavit will need to be filed. I would think this would be up to brother to do.
The worst thing is you will have to by brother out.
RedBerryFarm, POA ends at death. POA is not automatically the Executor of an Estate.
Was there a Will? How was the ownership of the Mobile Home set up? Below are the different types of ownership in Canada. Depending on how it was set up, the home may have to go through Probate.
Life tenancy A life tenant has an interest that permits use of a property during his or her life.
Sole ownership The property owner has ownership and control of the property, both during life and upon death.
Joint tenancy A form of ownership whereby all co-owners have identical proportions and durations of interest in a piece of property, along with identical rights of possession. Joint tenants are treated as a single owner for legal purposes, and one tenant may not dispose of his or her share without the consent of the other joint tenants.
Tenancy-in-common A joint ownership arrangement whereby all co-owners have an equal right to possess and use the whole property, along with the right to dispose of their interest in that property, however they see fit during life and after death.
Property with a named beneficiary Property that has a designated beneficiary. A designated beneficiary or named beneficiary is the person specified by the property owner to be given ownership of the property upon the original property owner's death.
Thank u for your information. I was POA. Mom had a revoc. Living will. Trailer was left to brother who is suppose to sell at time of death and devide between him, my sister and myself. His name and moms are on title. BUT because I took care of mom for the last 3 years with no pay and no help they want me to have the trailor. I'm just unsure of what I need to do. Mom has no money. No assets except for her half of this place. Total worth 35l to 40k.
Sorry to hear of your loss. Is brother mom's power of attorney? (would think so if the trailer is in his name...) The one who has POA has the task as the executor to file and deal with the personal and estate issues of your mom.
As long as you continue to pay your normal bills there (lot rent if in a trailer park, utilities, etc...) like you have been doing, nothing needs changing or for you to file anything.
It is up to your brother as to what to do with the trailer itself as an owner and an asset. (Sell it / give it to you (put it in your name) / move there himself/ you buy it from him/ etc...) If the trailer is on property (not in a designated park) there is more involved... but again, it is his call as legal owner. Since you are living there, you also have a say in what you would like to do.
I hope things work out for you.
The worst thing is you will have to by brother out.
Was there a Will? How was the ownership of the Mobile Home set up? Below are the different types of ownership in Canada. Depending on how it was set up, the home may have to go through Probate.
Life tenancy
A life tenant has an interest that permits use of a property during his or her life.
Sole ownership
The property owner has ownership and control of the property, both during life and upon death.
Joint tenancy
A form of ownership whereby all co-owners have identical proportions and durations of interest in a piece of property, along with identical rights of possession. Joint tenants are treated as a single owner for legal purposes, and one tenant may not dispose of his or her share without the consent of the other joint tenants.
Tenancy-in-common
A joint ownership arrangement whereby all co-owners have an equal right to possess and use the whole property, along with the right to dispose of their interest in that property, however they see fit during life and after death.
Property with a named beneficiary
Property that has a designated beneficiary. A designated beneficiary or named beneficiary is the person specified by the property owner to be given ownership of the property upon the original property owner's death.
Is brother mom's power of attorney? (would think so if the trailer is in his name...)
The one who has POA has the task as the executor to file and deal with the personal and estate issues of your mom.
As long as you continue to pay your normal bills there (lot rent if in a trailer park, utilities, etc...) like you have been doing, nothing needs changing or for you to file anything.
It is up to your brother as to what to do with the trailer itself as an owner and an asset. (Sell it / give it to you (put it in your name) / move there himself/ you buy it from him/ etc...) If the trailer is on property (not in a designated park) there is more involved... but again, it is his call as legal owner.
Since you are living there, you also have a say in what you would like to do.
Hope this helps. Take care.