Can I refuse ownership of an inherited trailer in a Livingston, Montana trailer park?

Question

As the executor for my deceased brother's estate, I've inherited a condemnable trailer in a trailer park in Livingston, Montana. The trailer was disclaimed by the co-op that now owns the trailer park, and there is no debt associated with it. A contractor recommended condemning the trailer, but there has been no formal notice from the city or county. There is no specific deadline to address the situation. Can I refuse to take ownership and allow the trailer park or co-op to handle it?

James L. Arrasmith · Answer

Yes, you may be able to refuse ownership of the trailer, but you need to take formal steps to do so. As the executor, you’re responsible for managing your brother’s estate, but you are not personally obligated to accept property that has no value or poses a burden. If the trailer holds no market value, is uninhabitable, and the co-op has already disclaimed it, you can choose not to include it in the estate distribution. 
 
To formally avoid taking ownership, you should file a written disclaimer of the property as part of the estate process. This tells the probate court and any relevant parties (like the trailer park co-op or city officials) that the estate is not claiming the trailer. Be sure to document that the property is not of value and that accepting it would cause a hardship or serve no benefit to the estate. 
 
Once disclaimed, the trailer typically becomes the responsibility of the co-op or property owner where it sits. You should also notify the co-op in writing that the estate will not take possession, and request they handle it as abandoned or unwanted property. You're not required to manage property that no longer serves any purpose or benefit, especially if the estate holds no legal or financial interest in keeping it.

Q: Can I refuse ownership of an inherited trailer in a Livingston, Montana trailer park?