[regnits]

My mother passed 2yrs ago, no will I have been living in her mobile home for 4yrs now. Her name is still on the mobiles title. My brother originally bought the small piece of property that the mobile is on. About 2 yrs ago my brother put the property in a friends name because he planned to file bankruptcy. After my mom passed my brother told me I had to start paying him rent. Which I have not. Today he left an eviction notice on my door. We have no payment agreement. The property or the mobile is not in either one of our names. What are each of our legal rights?

[ScottGem]

You have almost none. If the home's title is still in mom's name, then you have to file for probate to have the title changed. If she dies without a will, then the title is shared amongst her heirs according to local laws of inheritance. It may be necessary to sell the home to split the proceeds.

If the property is in someone else's name, that person is the owner and can start charging your rent or without a lease, force you to move. The problem is you can't move the mobile since you don't own it. If you do not pay rent, you can be evicted.

Your brother can't charge or collect rent since he doesn't own the property unless the owner has designated him as his representative. He also can't file for eviction unless he is designated as the owner's rep. But that is not hard to document.

And I doubt if what was posted was an eviction notice, but rather a vacate notice. It's the first step in eviction. If you refuse to vacate by the deadline, the owner can file for an eviction order.

The problem here is I'm not really sure what has to be evicted. Since the property owner doesn't own the home, I'm not sure he can evict you from the home. He can force the home to be removed from his property, but since the title of the home is not in your names I'm not sure who he serves a notice on.

This would cause a judge headaches and I'm not sire what would actually happen. A judge may start by forcing probate.

[Fr_Chuck]

Did your brother file for bankruptcy ( or did he just plan to)
If your brothers name is not on the deed to the land, your brother does not own it and you will need to speak to the real owner, As noted if your brother was appointed by the real owner to collect rent for him, he can do so.

You have some right to partial ownership of the mobile home, but if the land was not in mothers name, you will or can be required to pay rent of the land.

So if you don't pay rent for the land, yes they can evict you from the land.

The property or money your mom has needs or needed to be divided at probate