Wills and Living Wills

questions & answers

Question: Im my mom's will she left my daughter a mobile home with a will document stating that I was to live in the mobile home for lifelife. Now my daughter wants to kick me out and I'm a senior with no where to go on social security daughter lives in new york. the will says I can live there at no cost or expense to me for life use what can I do I need help she sent me a letter to move out

Answer:

A lifetime right to occupy a residence is typically known as a “life estate”, but it applies to Real Property only.  In Arizona, a Mobile/Manufactured Home is considered Personal property unless it is permanently affixed to the Owner's real property (land) who filed an Affidavit of Affixture with the county Recorder (A.R.S. 42-15203).  If so, this is a “matter of public record” and the Personal Representative for your mother's Will (appointed by the Probate Court) should grant you a Life Estate and your daughter a “Remainder” deed to the Mobile Home and real property.

If the Mobile Home is not affixed to any real property,  you can ask the Probate Court whether the Will “documents” provide for your lifetime occupancy on another ground.  For example, did your mother grant your daughter ownership of the Mobile Home on the condition that you are allowed to occupy it for your lifetime.  You should seek legal assistance to assist you with what may become a “Will Contest” if you cannot informally resolve this with your daughter.

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QUESTIONS

  • Im my mom's will she left my daughter a mobile home with a will document stating that I was to live in the mobile home for lifelife. Now my daughter wants to kick me out and I'm a senior with no where to go on social security daughter lives in new york. the will says I can live there at no cost or expense to me for life use what can I do I need help she sent me a letter to move out

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