The Cross Law Firm's Landlord Law Blog

October 7, 2011

Small Estates Affidavit: What Should You Request From an Heir to Protect Yourself as the Mobilehome Park Owner

A Small Estates Affidavit contains certain declarations under oath about:

1. The death of the resident
2. The legal heirs
3. The value of the estate
4. Other items required by the probate code section that authorizes its use

However, if an heir has been appointed as a representative of the estate by the court, he or she will receive a document, issued by the court, described above as “Letters of Administration”. That document will, among other things, contain the signature of a judge and a stamp from the court showing it has been issued and filed. Most importantly, it will identify the individual(s) who have been given the authority by the court to act on behalf of the estate, and the powers granted to that individual.

Then, and only then, can you rest assured that you are now dealing with the proper person(s) who have the authority to act on behalf of the estate.

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


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June 29, 2011

Death of a Resident in Your Mobilehome Community: What You Need to Know (Part 1)

Charlie Sheen in March 2009

Image via Wikipedia

It is often said that life is full of uncertainties, which rings particularly true in today’s world. Will the stock market rise or fall? Will real estate continue its downward trend? Will gas prices continue to skyrocket? When will Charlie Sheen suffer another “meltdown”?

On the other hand, you can find certainty in death and taxes. This article will give you an overview of which steps you, as owner or manager of a mobilehome community, should take upon the death of a homeowner in your community.

In a traditional landlord/tenant relationship, a month-to-month lease terminates upon the death of the tenant. In the mobilehome community, however, a resident’s death does not terminate the responsibility to pay the rent and utilities if the mobilehome remains on the space.

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