Legal Question in Real Estate Law in California

My mother was ill so I moved in with her. She has been renting-to-own a mobile home in a 55+ community for the past 8yrs. The park owner knows i'm here providing care but has not "approved" me since i'm only 40.

Two weeks ago, my mom suddenly died after an operation. There was no will. I am still living in her mobile home and have not notified the owner of her death for fear he may evict me. The mobile home only has 14 months left before its completely paid. I cant afford to move and pay her mortgage since I spent my savings on her costly funeral. Do I walk away from the mobile so the owner can re-sell it to another. Can I get a lien against it so I can get back some money of which my mother paid (13k approx.)?


Asked on 3/25/11, 3:50 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

First, some mobile homes become "real estate and real property" and others remain vehicles (personal property). The differences is, I think, something to do with the permanency of installation (foundations, skirting, etc.) and acceptance by the county under its codes. The reason I mention this is that the laws affecting inheritance of real property and personal property are somewhat different.

The next question would be whether your mother's estate passed to you, and under what legal mechanism. Ownership of property can pass by prior joint tenancy, by will, under the terms of a living trust, or according to the laws covering intestacy (intestate succession). The reason I mention this is that a first step for you is to be sure you are the owner of the mobile home and have the paperwork straight. Possibly you need a probate proceeding.

When you have the answers to the real vs. personal property question and the method of inheritance question, try to get advice from (a) the seller or lender of the home, and (b) a local attorney who will give you an initial free consultation in hopes of being retained.

Also, California has an extensive statutory framework covering "mobilehome residency" as part of the Civil Code (CC). It starts at CC section 798 and continues to 799.10, several pages of fine print. Section 798.78 deals specifically with the rights of an heir, joint tenant or personal representative who gains ownership upon the death of the prior over-55 occupant. This section alone is four long paragraphs, too long to quote or summarize, but you should look it up and review it. Note also CC 798.34 covering "guests and live-in health and supportive care providers."

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Answered on 3/25/11, 10:20 am


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