Alberta Outdoorsmen Forum

Alberta Outdoorsmen Forum (http://www.outdoorsmenforum.ca/index.php)
-   General Discussion (http://www.outdoorsmenforum.ca/forumdisplay.php?f=2)
-   -   I inherited this mobile home... (http://www.outdoorsmenforum.ca/showthread.php?t=358608)

Nikanit 01-29-2019 04:49 PM

I inherited this mobile home...
 
:angry3:
Gahhhh the red tape!

I am going on a back and forth with Red Deer City Hall about my parents mobile home. It is just an old one, worth about $20,000 and no land involved so no probate.

My uncle and I are co-executors of Dad's will. I inherited the place, but city hall is making it kinda difficult saying that my Uncle and I are named on the tax roll now as co-executors, and when we sell the place to give them a bill of sale so they can update the new ownership.

I told them that on page two of Dad's will that the place was given to me, do I now have to write myself a bill of sale to get it under my name and to complete my duties as executor? Geez my Uncle is now 79 years old and lives in BC! What do I put down as an amount?? Do I make myself a bill of sale with Uncle's name as well as my own on it and take to Service Alberta??

:angry3:


Any help would be appreciated Guys!!! I have been dealing with this for too long as it is, both parents passed away within a year of each other. I just want it all to be over, sell the place, divide among my brothers, and move on. I don't want to have to contact Uncle and send papers out to BC back and forth. He is not computer literate and email confounds him, he cannot even use a scanner for the ID he has to keep giving them copies of.

The wills were made in 1996 and my parents named two executors since at the time I lived in Vancouver but my Uncle lived close by to my parents. Fast forward to now, and I am the one living here and my Uncle lives in BC.

Grizzly Adams 01-29-2019 05:01 PM

A call from a lawyer can do wonders in situations like this. I had to write bills of sale for vehicles, to myself, for 1. on a government approved form, available at Registries. Bureaucracy moves in mysterious ways.

Grizz

Talking moose 01-29-2019 05:05 PM

Ya call a lawyer and sign where he tells you too. No headache.

Nikanit 01-29-2019 05:16 PM

Ummm...thanks but I did contact a lawyer here, and he says I had to do probate and that will be 2300 bucks please...!?!!.

Did some checking around and found out that I did not have to do probate after all because there is no land involved. I would have ended up paying 2300 bucks for something I never even needed in the first place. The lawyer should have known this or had deliberately held that back, who knows? He had a hell of a manicure and better skin on his face then I do. (Told me he had it exfoliated when I asked him about his rosy skin). I was hoping that maybe someone had to go thru this before...

I-Love-Eyes 01-29-2019 08:25 PM

Ummmmm??? Find another lawyer. I'm not a lawyer but my question is this-- How can EXECUTORS be named on the tax roll. It should be the owners, shouldn't it? I am thinking it should have passed from your parents to you as the inheritor--not to the executors. Something sounds fishy to me.

chasingtail 01-29-2019 08:41 PM

All this hassle for a trailer probably not worth much more than the cost to move it. Save the hassle and tell the government they now own the trailer.

Tundra Monkey 01-29-2019 08:50 PM

Sorry to hear about your Dad. I hope all of this crap passes easily and you can get on with remembering him.

Respectfully,

tm

Nikanit 01-29-2019 09:46 PM

Quote:

Originally Posted by I-Love-Eyes (Post 3921835)
Ummmmm??? Find another lawyer. I'm not a lawyer but my question is this-- How can EXECUTORS be named on the tax roll. It should be the owners, shouldn't it? I am thinking it should have passed from your parents to you as the inheritor--not to the executors. Something sounds fishy to me.

I understand that, but Executors can also be beneficiaries. My Uncle (Mom's brother) and I are the executors.We are both named on the tax roll now but City Hall is throwing a monkey wrench in so I have to do up my own bill of sale so I can inherit?

My mother died suddenly two years ago while dad was in a carehome and the Power of Attorney went to me since I was to take mom's place in case something happened to her, it was all legally done up.

After mom passed away, I became the one in charge of his care and finances as well as the trailer and it's upkeep. He passed away 2 days before what would have been their 36th anniversary. My uncle and I have done all the duties required stated in the will, other than the trailer.

I have to watch the money I saved up for the maintenance and rent of the trailer, so I want to minimize cost as much as possible. I mean, it says right there in Dad's will that I get the damn place if Mom was gone but City Hall wants a Bill of Sale so I can have it under my name.

Would prefer to have under my name so my favorite Uncle doesn't have to keep sending out letters with his BC ID photocopied every time to me here in Alberta...he lives outside of Kelowna and doesn't drive anymore. Its a pain in the ***** for him to be taking the bus into town so he can go to the library to get photocopies all over again.:sign0176:

Ken07AOVette 01-29-2019 09:55 PM

Are you moving or selling it?

Hook on and drive away, or give a bill of sale to the new owner. If that is all they are looking for, easy enough. According to the will it is yours. If there is money owing to the property owner pay it and move on.

Why is the city involved at all if there is no land?

If it is on rental property I understand there would be issues, but other than that I would tell them to pound sand.

I-Love-Eyes 01-30-2019 09:08 AM

Quote:

Originally Posted by Ken07AOVette (Post 3921887)

If it is on rental property I understand there would be issues, but other than that I would tell them to pound sand.

If it's on rental property, wouldn't the land owner be responsible for the property tax?

Nikanit,
Would prefer to have under my name so my favorite Uncle doesn't have to keep sending out letters with his BC ID photocopied every time to me here in Alberta...he lives outside of Kelowna and doesn't drive anymore. Its a pain in the ***** for him to be taking the bus into town so he can go to the library to get photocopies all over again.

When he has to send you another copy, why not just make several copies of your own to keep on file? (with his permission, of course)

schmedlap 01-30-2019 10:07 AM

Simple
 
Quote:

Originally Posted by Nikanit (Post 3921878)
I understand that, but Executors can also be beneficiaries. My Uncle (Mom's brother) and I are the executors.We are both named on the tax roll now but City Hall is throwing a monkey wrench in so I have to do up my own bill of sale so I can inherit?

My mother died suddenly two years ago while dad was in a carehome and the Power of Attorney went to me since I was to take mom's place in case something happened to her, it was all legally done up.

After mom passed away, I became the one in charge of his care and finances as well as the trailer and it's upkeep. He passed away 2 days before what would have been their 36th anniversary. My uncle and I have done all the duties required stated in the will, other than the trailer.

I have to watch the money I saved up for the maintenance and rent of the trailer, so I want to minimize cost as much as possible. I mean, it says right there in Dad's will that I get the damn place if Mom was gone but City Hall wants a Bill of Sale so I can have it under my name.

Would prefer to have under my name so my favorite Uncle doesn't have to keep sending out letters with his BC ID photocopied every time to me here in Alberta...he lives outside of Kelowna and doesn't drive anymore. Its a pain in the ***** for him to be taking the bus into town so he can go to the library to get photocopies all over again.:sign0176:

If your uncle does not want to be involved as co-executor, get him to sign a renunciation of the role and consent to you acting as sole executor, and then do a bill of sale to yourself. Or both of you sign a bill of sale to yourself. Take that to the City in order to get the tax roll corrected. Then sell the trailer as you see fit. There is no title registry for mobile homes. The only thing that would be registered in respect to such would be any security interests (liens), and I assume there are none.
The reason the City have to record it in the executors names, as such, for now, is that the legal title is vested in the estate until it is actually transferred to the beneficiary, or sold by the estate to a new owner.

schmedlap 01-30-2019 10:11 AM

Tax that!!
 
Quote:

Originally Posted by Ken07AOVette (Post 3921887)
Are you moving or selling it?

Hook on and drive away, or give a bill of sale to the new owner. If that is all they are looking for, easy enough. According to the will it is yours. If there is money owing to the property owner pay it and move on.

Why is the city involved at all if there is no land?

If it is on rental property I understand there would be issues, but other than that I would tell them to pound sand.

Municipalities can levy the equivalent of property taxes on mobile homes which are on rented lots, and so, of course, some of them do - hard for governments to resist taxing anything they can (?).

ETOWNCANUCK 01-30-2019 10:21 AM

Doesn’t sound the hassle it’s worth, sell it for what you can, buy a new boat and be done with it.

At the rate your going you’ll spend that $20,000 before you get it figured out.

Dean2 01-30-2019 10:21 AM

Your story does not make sense. The mobile home is a chattel, you do not own the property it is located on. There is no City tax roll for a mobile home on rented property. Even if you show up somewhere in the City records it is irrelevant to your situation. You can move the trailer to your own property, sell it to someone as long as it is free and clear, or keep it and rent it out if you can agree with the property owner on pad rent etc. The City has nothing to do with this. The only thing you likely show up on is the water, sewer and any other city owned utilities. You do not need a bill of sale to change who is responsible for the utility bills.

B.C. is the only Province in Canada that maintains a registry of mobile home ownership. In Alberta the only thing that would get registered is a lien on the mobile by someone who holds a loan against it or used it as collateral for a loan. Outside of that you can buy and sell them at will, the Bill of Sale does not need to be registered anywhere unless it is permanently affixed to land.

Talking moose 01-30-2019 11:47 AM

Quote:

Originally Posted by Dean2 (Post 3922070)
Your story does not make sense. The mobile home is a chattel, you do not own the property it is located on. There is no City tax roll for a mobile home on rented property. Even if you show up somewhere in the City records it is irrelevant to your situation. You can move the trailer to your own property, sell it to someone as long as it is free and clear, or keep it and rent it out if you can agree with the property owner on pad rent etc. The City has nothing to do with this. The only thing you likely show up on is the water, sewer and any other city owned utilities. You do not need a bill of sale to change who is responsible for the utility bills.

B.C. is the only Province in Canada that maintains a registry of mobile home ownership. In Alberta the only thing that would get registered is a lien on the mobile by someone who holds a loan against it or used it as collateral for a loan. Outside of that you can buy and sell them at will, the Bill of Sale does not need to be registered anywhere unless it is permanently affixed to land.

Permanently affixed to land....does this mean on piliings?

Dean2 01-30-2019 01:07 PM

Quote:

Originally Posted by Talking moose (Post 3922124)
Permanently affixed to land....does this mean on piliings?

It needs to be bolted or cabled to the pilings, foundation etc to be considered permanently affixed. Just sitting on pilings or whatever type of foundation is not permanently affixed.

Talking moose 01-30-2019 01:08 PM

Quote:

Originally Posted by Dean2 (Post 3922179)
It needs to be bolted or cabled to the pilings, foundation etc to be considered permanently affixed. Just sitting on pilings or whatever type of foundation is not permanently affixed.

Ok gotcha. Thx

Nikanit 01-30-2019 01:12 PM

Quote:

Originally Posted by ETOWNCANUCK (Post 3922069)
Doesn’t sound the hassle it’s worth, sell it for what you can, buy a new boat and be done with it.

At the rate your going you’ll spend that $20,000 before you get it figured out.

Boy do you have that wrong. :thinking-006:

When I took control of the finances I actually saved up 22,000 bucks for them.

I have enough for lot rent and utilities for a whole year. I am VERY good at fiscal management, hence the savings.

This place could take a year to sell, that's why I want to be rid of it so quick. If I wouldn't have done my research I would have paid that lawyer 2300 bucks for nothing.

Nikanit 01-30-2019 01:13 PM

Quote:

Originally Posted by schmedlap (Post 3922058)
If your uncle does not want to be involved as co-executor, get him to sign a renunciation of the role and consent to you acting as sole executor, and then do a bill of sale to yourself. Or both of you sign a bill of sale to yourself. Take that to the City in order to get the tax roll corrected. Then sell the trailer as you see fit. There is no title registry for mobile homes. The only thing that would be registered in respect to such would be any security interests (liens), and I assume there are none.
The reason the City have to record it in the executors names, as such, for now, is that the legal title is vested in the estate until it is actually transferred to the beneficiary, or sold by the estate to a new owner.

Cannot do that as him and I have already proceeded to execute the will.

Nikanit 01-30-2019 01:23 PM

Quote:

Originally Posted by Dean2 (Post 3922070)
Your story does not make sense. The mobile home is a chattel, you do not own the property it is located on. There is no City tax roll for a mobile home on rented property. Even if you show up somewhere in the City records it is irrelevant to your situation. You can move the trailer to your own property, sell it to someone as long as it is free and clear, or keep it and rent it out if you can agree with the property owner on pad rent etc. The City has nothing to do with this. The only thing you likely show up on is the water, sewer and any other city owned utilities. You do not need a bill of sale to change who is responsible for the utility bills.

Here in Red Deer, there is a Tax roll on mobile homes. This is a mobile home, not a camping trailer.

I live in one and my taxes are around 200 bucks a year.

I know, it's pretty silly. Here is what the city said so far..

************************************************

"Yes, the bill of sale must be from both executors (your Uncle and yourself) to you if that is the intent. The dollar value can be for $0. The bill of sale is a legal document showing the change of ownership from the executorship to the new owner.

Thank you,

Trista Mowat, CCP | Tax Collection Coordinator
Revenue & Assessment Services
The City of Red Deer

T: 403.356.8941 | F: 403.342.8199



**********************************


From: S.Reaman
Sent: January 29, 2019 4:08 PM
To: TaxMailbox
Subject: Re: My parent's mobile home.



Sorry to bother you again, so what you are saying is my Uncle and I have to provide a Bill of Sale for the trailer in my name, even though I inherited it. And if this is so, what total would I put in? It's just confusing that I have to give myself a bill of Sale, even though no money will pass hands. The will shows that I have clearly been given the trailer. So how do my Uncle and I proceed?

What is normally done when a person goes down there to register a trailer under their name when they inherit it?



So it looks like I will have to do it this way...sheesh...

Cement Bench 01-30-2019 02:32 PM

actually they are wrong a bill of sale to be legal in Alberta must have what is called

CONSIDERATION

so put a dollar figure on the bill of sale ie one dollar


true story for the last decade or more when you go into the vehicle registry offices in Alberta to explain you need some guidance in transferring a vehicle from the dead persons name into a new owner as you wish to sell it and the person who dies is 82 or was 82 here is what they say


JUST BRING ME A BILL OF SALE TO PREDATE THEIR DEATH, THE BILLS OF SALE ARE OVER ON THE RACK AND THE COUNTERSPACE WHERE YHOU CAN FILL IT OUT IS TOO THE RIGHT

so being a retired professional I say mmmmmmmmmm is that OK for us to do right now, and they laugh and say

WHY SHOULD YOU BE ANY DIFFERENT WE JUST PROCESS BILLS OF SALE

so even though a law office would like you to spend 2300 bucks just ask and if your answer is the same just do up a bill of sale

I know it is fraudulant like (ok it is fraud who is going to sue, anybody?????)

there also is a process for small estates where the banks in Alberta if the estate was under 10-20 grand they would take a charge on your acco8unt and let you take the dead persons money to disperse as long as they saw a copy of the will



also in you case they must have had some notice of the persons death to change the tax rolls

also they do have a tax roll in drayton valley for trailers, and in the county of brazea independent of the actual land owner

mmmmmmmmmmm where is my go fund me page for legal advice :bad_boys_20:

Cement Bench





Quote:

Originally Posted by Nikanit (Post 3922190)
Here in Red Deer, there is a Tax roll on mobile homes. This is a mobile home, not a camping trailer.

I live in one and my taxes are around 200 bucks a year.

I know, it's pretty silly. Here is what the city said so far..

************************************************

"Yes, the bill of sale must be from both executors (your Uncle and yourself) to you if that is the intent. The dollar value can be for $0. The bill of sale is a legal document showing the change of ownership from the executorship to the new owner.

Thank you,

Trista Mowat, CCP | Tax Collection Coordinator
Revenue & Assessment Services
The City of Red Deer

T: 403.356.8941 | F: 403.342.8199



**********************************


From: S.Reaman
Sent: January 29, 2019 4:08 PM
To: TaxMailbox
Subject: Re: My parent's mobile home.



Sorry to bother you again, so what you are saying is my Uncle and I have to provide a Bill of Sale for the trailer in my name, even though I inherited it. And if this is so, what total would I put in? It's just confusing that I have to give myself a bill of Sale, even though no money will pass hands. The will shows that I have clearly been given the trailer. So how do my Uncle and I proceed?

What is normally done when a person goes down there to register a trailer under their name when they inherit it?



So it looks like I will have to do it this way...sheesh...


MrDave 02-01-2019 05:04 PM

Quote:

Originally Posted by Nikanit (Post 3921718)
:angry3:
Gahhhh the red tape!

I am going on a back and forth with Red Deer City Hall about my parents mobile home. It is just an old one, worth about $20,000 and no land involved so no probate.

My uncle and I are co-executors of Dad's will. I inherited the place, but city hall is making it kinda difficult saying that my Uncle and I are named on the tax roll now as co-executors, and when we sell the place to give them a bill of sale so they can update the new ownership.

I told them that on page two of Dad's will that the place was given to me, do I now have to write myself a bill of sale to get it under my name and to complete my duties as executor? Geez my Uncle is now 79 years old and lives in BC! What do I put down as an amount?? Do I make myself a bill of sale with Uncle's name as well as my own on it and take to Service Alberta??

:angry3:


Any help would be appreciated Guys!!! I have been dealing with this for too long as it is, both parents passed away within a year of each other. I just want it all to be over, sell the place, divide among my brothers, and move on. I don't want to have to contact Uncle and send papers out to BC back and forth. He is not computer literate and email confounds him, he cannot even use a scanner for the ID he has to keep giving them copies of.

The wills were made in 1996 and my parents named two executors since at the time I lived in Vancouver but my Uncle lived close by to my parents. Fast forward to now, and I am the one living here and my Uncle lives in BC.

Do up a Bill of Sale. Courier it to the uncle and back
Done by next Friday for a few bucks. Take it in with the Will and its over. I had to do it with a Fifth Wheel, and had it done before it was any trouble. They aren't rushing you are they?

Cement Bench 02-02-2019 01:19 PM

So op what is the update, or. R. U. Still confused

Nikanit 02-03-2019 11:03 AM

Quote:

Originally Posted by Cement Bench (Post 3923896)
So op what is the update, or. R. U. Still confused

Nope, city hall says I have to do it this way so I said "F" it, called my Uncle up and he will be expecting the Bill of Sale in a couple of days for him to sign. He was prudent and made extra copies of his ID for me because he had a feeling we would need it.

Will update when I go down to City Hall

ETOWNCANUCK 02-03-2019 12:05 PM

Quote:

Originally Posted by Nikanit (Post 3924373)
Nope, city hall says I have to do it this way so I said "F" it, called my Uncle up and he will be expecting the Bill of Sale in a couple of days for him to sign. He was prudent and made extra copies of his ID for me because he had a feeling we would need it.

Will update when I go down to City Hall

Of course you could just light a match.

Dean2 02-03-2019 12:16 PM

Quote:

Originally Posted by ETOWNCANUCK (Post 3924413)
Of course you could just light a match.

I always suspected you had WAY too much money. Anybody that can light a match to 20 grand is pretty impressive.:sHa_shakeshout:

Sorry, know you were kidding but I just couldn't resist.

Cement Bench 02-03-2019 01:28 PM

Quote:

Originally Posted by Nikanit (Post 3924373)
Nope, city hall says I have to do it this way so I said "F" it, called my Uncle up and he will be expecting the Bill of Sale in a couple of days for him to sign. He was prudent and made extra copies of his ID for me because he had a feeling we would need it.

Will update when I go down to City Hall

as they say U can’t fight city hall. Cement Bench


All times are GMT -6. The time now is 05:16 PM.

Powered by vBulletin® Version 3.8.5
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.