When it comes time to sit down and complete your estate plan, specifically your Will, there are many assets that you will need to consider in the process. Assets can be anything from homes, to jewelry, property, and more. One asset in particular that you may be wondering about in regards to whether or not you can leave it in your Will is your mobile home. Mobile homes require particular attention as legally they can be viewed as real estate, but this is not always the case.
Here at Trust & Will, we understand how confusing it can be to put your mobile home in a Will, as it will look different on a case-by-case basis. Due to this, it can be hard to know how to handle your specific situation and what the process of leaving your mobile home in your Will is going to look like. Trust & Will wants to alleviate your stress by walking you through how to leave your mobile home in your Will and the specific considerations you will want to keep in mind based on whether or not your mobile home is considered real estate or not.
Keep reading to learn the answers to the following questions in regard to adding your mobile home to your Will:
What is a Will?
Before understanding how to add a mobile home to a Will, you first will want to understand what a Will is to make sure that it is the right option for you within your estate plan. A Will is a legal document that is a key component of your estate plan, as it allows you to pass on your assets to your loved ones. The individuals that you choose to pass on your assets to within your Will are known as the beneficiaries of your Will.
A Will is often the most common form of estate planning that tends to come to mind, as it is also the most common method that people choose to pass on their assets to their loved ones. Without a Will, it becomes much more challenging to transfer assets over to your loved ones after your death, as there will be no clear guidelines set out as to who should receive them. With a Will, you are able to ensure that your exact wishes will be met in regards to your assets, as it is legally binding.
When is a mobile home considered real estate and when is it not?
Now that you understand what a Will is and whether or not it is right for you, the next step is to understand whether your mobile home will be considered real estate or not. When you purchase a mobile home, it is considered personal property, not real estate. Additionally, if you do not own the property that your home resides upon and instead rent the land from another, your mobile home can only be considered personal property and cannot be transferred into real estate.
However, if you own both the mobile home and the property that your mobile home resides upon, you will have the option to transfer your mobile home into real estate. In order to be real estate, the property must be permanent. If you own the property your mobile home lives on, it can be considered a permanent residence instead of just a mobile one. In order to do this, you will need to submit an application with your state to have the ownership of your mobile home and your property combined, and the two together will become real estate.
It is important to note that the specific guidelines around transferring your mobile home and property into real estate will vary state by state. It is crucial that you spend time looking up your specific state’s guidelines to ensure that you are abiding by your region’s specific laws.
How do I add my mobile home to my Will when it is real estate?
When your mobile home is considered real estate, your mobile home will be added to your Will in the same way that other real estate assets are added to your Will. If you are married and you and your spouse share ownership of your real estate, the real estate will be transferred over to them as the sole owner. It will be a very simple process and, in most cases, you might not be required to go to probate court.
However, if you do not have a spouse or you do not share your real estate with your spouse and want to pass on your mobile home to another, you will want to designate them as the Beneficiary of your real estate within your Will. It is also important to note that regardless of whether or not your mobile home is considered property, a mobile home still has a title that will need to be transferred over to the Beneficiary upon the death of the deceased.
How do I add my mobile home to my Will when it is not real estate?
When your mobile home is considered personal property and is not real estate, you will leave your mobile home as an asset within your Will like other assets. Like when your mobile home is considered real estate, you will need to designate a Beneficiary of your asset within your Will, and the title will need to be transferred to the Beneficiary once you pass away.
The biggest factor that will need to be considered when leaving your mobile home as property within your Will is how much it is worth, as depending on your state guidelines and the net worth of your mobile home, your mobile home may have to go through probate court to be passed onto the new owner. However, depending on your state’s laws, you may be able to transfer the title without going through probate court. This is why it is crucial to make sure you understand your state’s specific guidelines.
Have more questions about estate planning when you own a mobile home? Be sure to check out the other articles in our mobile home series:
Understanding how to leave your mobile home in your Will may feel complicated, but creating your comprehensive estate plan does not have to be. At Trust & Will, we’re here to help keep things simple. You can create a fully customizable, state-specific estate plan from the comfort of your own home in just 20 minutes. Take our free quiz to see where you should get started, or compare our different estate planning and settlement options today!
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Trust & Will is an online service providing legal forms and information. We are not a law firm and we do not provide legal advice.