[WSBAPT] Mobile home on owned land

Fri Jun 1 11:05:44 PDT 2018

Thanks for all of your advice, which I’ll save for future reference.  Luckily, I was able to find title elimination paperwork in my case!

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com

I learn, I give. – Gloria Steinem
NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.

Please consider the trees before printing this document

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Rob Rowley
Sent: Thursday, May 31, 2018 12:45 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Mobile home on owned land

RCW 82.45.032

Additional definitions.

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Real estate" or "real property" means any interest, estate, or beneficial interest in land or anything affixed to land, including the ownership interest or beneficial interest in any entity which itself owns land or anything affixed to land. The term includes used mobile homes, used park model trailers, used floating homes, and improvements constructed upon leased land.

(2) "Used mobile home" means a mobile home which has been previously sold at retail and has been subjected to tax under chapter 82.08<http://app.leg.wa.gov/RCW/default.aspx?cite=82.08> RCW, or which has been previously used and has been subjected to tax under chapter 82.12<http://app.leg.wa.gov/RCW/default.aspx?cite=82.12> RCW, and which has substantially lost its identity as a mobile unit at the time of sale by virtue of its being fixed in location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with fixed pipe connections with sewer, water, and other utilities.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com>] On Behalf Of Mike Winslow
Sent: Thursday, May 31, 2018 11:57 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com<mailto:wsbapt at lists.wsbarppt.com>>
Subject: Re: [WSBAPT] Mobile home on owned land

Typically, if title is eliminated then the county assessor no longer has a separate property tax statement for the mobile (wherein it is taxed as personal property). This is not fool proof, as some counties will tax a mobile and land together even though there is no record of a title elimination at the vehicle licensing in Olympia. I cannot speak to King County, specifically, but I have found varying practice on this issue from county to county (esp. older transactions on the coast and Eastern WA).

I would start with checking Assessor’s records for the mobile taxed as personal property( search under the property address; most assessors will tie to a related record if there is a mobile taxed as pp) then if it appears to be eliminated, I would check with the Assessor’s office by phone to see if they show record of elimination in the internal records not visible online; failing that check vehicle licensing in Olympia by VIN. Usually, they find no record of a title, but once in a while we will find a record of the mobile title, even though the Assessor is taxing all as real estate. If there is still record of a vehicle title, usual transfer procedure applies, using Bill of Sale and transfer at Auditor. If there is no record of title in Olympia, I draft the PR deed to recite the legal description and the mobile description by brand, year and VIN.

I would not treat the deed as dispositive of the issue one way or the other.

Michael A. Winslow
1204 Cleveland Ave.
Mount Vernon, WA 98273
Ph. 360-336-3321
Em. Mike at winslegal.com<mailto:Mike at winslegal.com>

This message is from an attorney, so it’s confidential. If you are not the intended recipient, it’s too late to stop reading this message, but you may not use it for any improper purpose. Huge Disclaimer available upon request.

From: wsbapt-bounces at lists.wsbarppt.com<mailto:wsbapt-bounces at lists.wsbarppt.com> [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Doug Owens
Sent: Thursday, May 31, 2018 11:21 AM
To: WSBA Probate & Trust Listserv
Subject: Re: [WSBAPT] Mobile home on owned land

Dear Lisa, I believe that if title has not been eliminated on the mobile home it is personal property and a vehicle transfer would be required.  I hope this is helpful.  Yours truly, Doug Owens

On May 31, 2018, at 11:04 AM, Lisa E Schuchman <lisa at lisaschuchman.com<mailto:lisa at lisaschuchman.com>> wrote:

In a probate, the decedent owned a parcel of land in King County with a mobile home on it.  I’m trying to figure out if title to the mobile has been eliminated.  Her purchase deed describes the land “together with a mobile home” with the year, brand, and VIN, so I think title has not been eliminated. Also, her family isn’t clear about whether there was a vehicle purchase as part of her purchase.

If I’m correct, do I deed the land and also do a vehicle transfer?  Even though the purchase deed reads as above? Insights?

Lisa E. Schuchman
206-960-4212
www.lisaschuchman.com<http://www.lisaschuchman.com/>

I learn, I give. – Gloria Steinem

NOTE: I do not use encrypted email.  Messages sent to or from my office via email are not secure and may not be protected by attorney-client privilege. This email address is not monitored at all times.  If your matter is urgent, please phone my office during regular business hours.

Any tax advice included in this document and its attachments was not intended or written to be used, and it cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code.
P  Please consider the trees before printing this document

_______________________________________________
WSBAPT mailing list
WSBAPT at lists.wsbarppt.com<mailto:WSBAPT at lists.wsbarppt.com>
http://mailman.fsr.com/mailman/listinfo/wsbapt

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20180601/b1142b40/attachment.html>