Can we walk away from a paid-in-full trailer that belonged to my husbands deceased mom?
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Can we walk away from a paid-in-full trailer that belonged to my husbands deceased mom?
The trailer is in a trailer community that we pay monthly for
use of the land the trailer sits on. The trailer is in almost
unlivable condition, and we dont want to pay for surely
expensive repairs. We dont believe we would get nearly
enough to cover repairs if we put it in our name and sell it.
The trailer is still in her name. Are there any legal
ramifications if we simply walk away from it?
Asked on January 19, 2018 under Estate Planning, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If the trailer is in your mother-in-law's name, you have no responsibility for the trailer itself: you are not the owners.
If the lease for the space, etc. in the community is in your mother-in-law's name, you are not responsible for it, either: you do not inherit another person's leases, contracts, debts, or obligations.
If you have a written lease in your name(s), you are responsible under the terms of the lease and would owe the rent, etc. for the full remaining written duration of the lease.
If there is no written lease for the community, just an oral agreement or understanding under which you have been paying, you are month-to-month tenants of the community, which means you just owe one month's notice: for example, in this case, if you gave notice today, you'd still owe for February rent, but not after that.
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