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Modular home built on property we own for mother to live in.

Neoga, IL |

Mother in law built a modular home that she resides in on my husband and myself's property. This home does not have a title. We have paid the property taxes with our check for 4 years. Does this home legally belong to us as she wishes to happen upon her death? Does she need to provide something in her will that will verify this? Lastly, Will we be subject to capital gain or inheretance tax? Thank you.

Attorney Answers 3

  1. The home should have a title similar to a vehicle title. Either it is paid for and in her name, or there is an outstanding loan and the lender holds title until it is paid off. She will need to make provisions for its distribution in the event of her death, either by will or otherwise. It is unlikely you will be subject to capital gains unless the mobile home is worth a whole lot of money and I do not believe capital gains applies to mobile homes. Check with a lawyer who handles estate plans/probate for more detailed information.

  2. It would be wise for your MIL to be proactive and provide for this distribution in her will, assuming that is her intent.

    I am licensed in Wyoming only. The legal analysis of any situation depends on a variety of factors which cannot be properly represented or accounted for on a web page. The information is intended as general information only, and is not intended to serve as legal advice or as a substitute for legal counsel. If you have a question about a specific factual situation, you should contact an attorney directly.

  3. It sounds like your mother built a home on your property. It APPEARS that you and your husband are the owners of the land and, thus, with the home being an improvement on the land you are now the owners of that.

    With that said, if your husband has brothers or sisters, then mom should draft a basic Will to keep the others happy (or less unhappy).

    Good LUck!

    Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

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