The Cross Law Firm's Landlord Law Blog

November 2, 2011

Mobilehome Owner Dies Without a Will: What to do as the Mobilehome Park Owner

If the homeowner dies without a will, then as the community owner, the situation is not any different than that described above. You might be presented with a “Small Estates Affidavit”. In the absence of that, a representative of the estate still needs to be appointed. The process is essentially the same as that described above in that a petition is filed with the court by the person who seeks appointment as the legal representative. And if that person is approved by the court, he or she will be issued “Letters of Administration” as discussed previously.

In the situation where you have actual knowledge that the resident has died, but no one has come forward on that person’s behalf, then complicated issues of the proper service of notices necessary under the MRL arise. The proper steps or action to take in such situation will depend on the particular factual circumstances involved. As a result, it is recommended that you specifically consult with your legal counsel about the proper course of conduct in this situation, so you as the owner, can protect yourself from potential liability.

The death of a resident can present many potential “traps” for the mobilehome community owner or manager and it is recommended that you consult with legal counsel to determine the proper steps to take so you can avoid unnecessary liability.

After all, particularly when it comes to legal expense, “an ounce of prevention is worth a pound of cure”.

For more information, contact Mobilehome Park Lawyer Tamara Cross today.


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September 21, 2011

Death of a Resident in Your Mobilehome Community: What NOT to Do

Depending on the location of your community or where the resident died, the process whereby someone becomes appointed as the representative of the decedent’s estate can take several months. During that time, you as the community owner or manager, need to proceed cautiously:

1. DO NOT be persuaded into allowing family members access to the mobilehome if you have a key

2. DO NOT enter the mobilehome at their request to obtain clothing or documents

3. DO NOT sign contracts with heirs who have not presented proper documentation that they in fact have the legal authority to act on behalf of the deceased resident.

Contact our Mobilehome Owner Attorney at The Cross Law Firm, APC for more information.

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