My great aunt died. The only thing that was removed from the house was a statue. it was a statue that my dad had commissioned for her and she wanted it at her funeral everything is under lock
Smart! It is really important that all the personal possessions are kept secure until you're able to have them inventoried and decided how to distribute them.
My sister passed a month ago and we don’t believe there is a will. She was a widow with no children. I’m her only sister. It’s been a very sad month for me, and we have not been given permission to enter her home pending toxicology results. So far, her bills have cost me over $15,000 and I fear that the probate process is going to take over a year or more. . I’m worried because not only do I have to keep up her utility bills, lawn care, pool service etc…I also have to pay her property taxes and her home owners insurance. I don’t have a lot of cash to keep up her property for years while this is being probated.
Im so sorry for your loss, have you spoken with your attorney regarding the finance of the estate? Keep very good records of what you have spent as the estate should pay you back once funds are available. Without a will or trust the estate will likely need to go through probate and the intestate succession laws of your state will determine who inherits this way. I am in San Diego county California so if the house is located here I can help you with the sale. If you would like a referral to an agent in your area I have a network of certified probate real estate advisors and can help you find the right agent for you Advisors@probateandtrusthelp.com.
Mom (and Dad) had a simple not fully thought out and edited will. Bottom line, she never, ever made even a notarized list of items to go to certain people. I haven’t even found an informal list. But I did know certain things. So, they will go and I told the heirs such, but also had to tell them they’ll have to wait as it is part of inventory. Actually I asked them if they know of other things. I knew all the stuff Mom wanted ME to have, and only 1 thing that another is to have. These BTW are the valuable things (at least they were in olden days). All I can do is go on honor.
We often tell our clients, when the family is working well together, to let family members come into the property and label the items they would like with a sticky note. That way if there is any cross over they can discuss amongst themselves what items to take. It takes the stress off of you and the PR and gives them more responsibility in the process. But it is entirely up to you and the PR to determine if this would be a good course of action for the estate. Good luck!
@@ProbateandTrustHelp That's actually a good idea. However, I had the appraisal done, and first have asked heirs to tag any of these "valued" (for lack of better term) items. THEN once they have claimed or not, I figure I'd ask if there might be anything ELSE "non-valued". Just trying to keep myself straight. However, indeed I've already chucked quite a few things, but my next step now is to ask for claims on the latter. Probably better to do as you stated - in fact, my wonderful nephew just mentioned he'd like something he gave his grandma, but I sheepishly had to tell him it is gone! BTW, the other prime heir is in CA (3000 mi away), and the nephew (lesser) is about 200 mi away. The other heirs are nearby. So not too easy for the biggies to make claim, mostly by memory. Thank you so much for your insights, especially for this East Coast executor.
You'll have be appointed as executor or administrator so that you can run the estate, then hire an attorney to help you through the process of having the sibling removed from the property. Likely legal action against them will be taken including giving them 30 days, and having them evicted. An easier first option is cash for keys which I speak about in this video: ruclips.net/video/ZPstKVBFfbM/видео.html Good luck to you.
Good luck with that, my administrator is dealing with this right now as we speak. They have offered a cash for keys and if no reply or instructions to his solicitor today they will enforce eviction proceedings.
My sister did that! She stole everything worth anything. She didn't comply with the probate court. Today the judge appointed me instead of her. Our mom died in 2019 and only took everything she wanted.
Could you tell me your thoughts on this? My girlfriend of 12 years passed away in Aug. of this year. I lived with her for 11 of those. She had no will. Her oldest son became administrator of her estate. I stayed in her house until the end of Sept. The family court judge wanted us, me and her granddaughter, to stay there until the placement custody hearing in the 1st week of Oct. That is why we stayed as long as we did. I didn't find out that it wasn't an order to stay, just a request, until late Sept. Her son, the man-child, is demanding that I pay for her mortgage and utilities for the time I was still there after her death. Everything concerning the house was in her name. I didn't give her rent per se, I helped her pay her bills, buy food, gas, whatever was needed. He won't let his own niece get the rest of her things unless I pay. I'm trying to find a free consultation but no luck so far. I know you can't give me legal advice but was I just wondering if maybe you or a colleague had ever come across a similar situation? TY. I live in upstate NY.
I have not had this type of situation. It sounds like you’ve already moved out along with the niece. I’m assuming that the “niece” is not your daughter. That said, I imagine you are not a beneficiary of your girlfriends estate. The son wanting you to pay the mortgage/utilities and the nieces personal property left in the decedent’s home are two separate issues. My recommendation is that the niece contact the son herself and ask for a date/time that she could collect her personal property. In regards to your paying the mortgage/utilities while you were living there after your girlfriend passed away, I’m not sure if the son has any legal standing to request such since you’ve already left the property. I would contact legal council for more information on this, please let me know how it turns out.
I can only describe the San Diego Area as a Madhouse regarding FB Marketplace / Online Sales. A December Online Estate Sale was cancelled without my knowledge / consent. Jewelry was Stolen. Online Harassment. Filed Complaint with Carlsbad Police. Some very nice items in family ( some from Europe ) for decades. People showed up with $6.00. i stopped letting people onto the Condo. Met them in Lobby. I have been warning people online of Company / Individual that stole Mothers Jewelry 🤬
Hi, it sounds like you have had a rough time with an estate sale company, what was the name of said company? We have a company that we have used for many years that we know and trust, they're always honest with our clients about what they think will sell or not, and never hold an open house if the contents of the property are not valuable enough for the estate to make a decent profit. Hope all works out for you.
In my mothers will there are 4 siblings nominated as executors, but cannot get on with each other so we are having trouble agreeing with decisions that have to be made. two are narcissists and they want to run the show. It is a nightmare.
That sounds rough! You can always choose one individual to fill this roll, or higher a professional fiduciary to act as executor. I wish you and your siblings luck through the process!
Hi Dolores, good question, this depends on the area you live and what the guidelines are for that location. Here in San Diego a will is not required for going through probate, but the beneficiaries would be determined by or local intestate succession laws as there is no will to determine who inherits. When a property is in a trust probate is usually not required. You could determine if probate is required by speaking with an estate attorney in your area, good luck to you!
What do you do if your daughter owned a house and mom lived with her daughter, daughter dies mom's stuff is still in the house there's no will. Can mom take her stuff out?
That's a good question. I would think that whoever is the personal representative for the daughter would allow the mom to remove her personal property. They probably would not allow any of the daughters personal property to be removed though. If there's issues that you didn't share here, and the personal representative does not want the Mom back in the home, she may have to get an attorney to help her to retrieve her personal belongings. Hope this helps.
@@ProbateandTrustHelp The good thing is a lot of my items have serial numbers on them so I'm sure they could look them up at the stores I bought them from. And the only true valuable thing that's missing is my daughter. Thank you so much for responding back to me. It really helped. You are a blessing and I appreciate you. ❤⚘🙏
Good day, I need some feedback PLEASE. Im in charleston SC and my best friend who just so happen to be a now legal immigrant from Hungary is the deceased. He has no living family members, here nor back in Hungary and the Coronor's office has done their due diligence. I paid for his cremation and the coronor's office agreed to let me have possesion of his remains. He lives in a rented house, furnished, 2 vehicles that are his out right and one car with a lien. I am the only person showing any interest in this situation, though we have a very few mutual friends. I intend on going to probate to establish an administrator/executor roll over his belonging so that I can start moving his items out of the rented house. What are the chances the judge would grant me this since there is no KIN? I can not afford a probate lawyer at the moment.
Heirs to an estate without a trust or will are determined by each states intestate succession laws. I am not a lawyer and I'm located in California (so I'm not too familiar with SC intestate succession laws), so I can't be certain but it appears that when there is no family what so every the property will escheat to the state. I would be sure you're keeping good records of any time and money you're putting into the process, and reach out to someone in the probate court system before you get to much farther in.
@@ProbateandTrustHelp A big disappointment realizing that i'll likely have no luck with probate. I'm still going to try though, thanks for the response. Means a lot.
This is a terrible situation and all you can do (except hire a lawyer) is request that the items in the home not be removed without the knowledge and approval of all beneficiaries.
I’ve been clearing out my moms house as executor. Nothing I thought or knew would be “worthy” was removed, but now that the appraisal has gone past it seems there should be little problem clearing. Are we saying here this is bad? We’re talking a house full of stuff, not hoarding level but near enough for chaos. I mean, if we have to sell the house, it has to be cleared, no? Or are you saying everything would go to a storage place?
I believe what you're asking is if the house can be sold with the personal items still inside. We have previously sold probate properties this way as sometimes there is no money or means to remove the items. This would be something to discuss with your trusted real estate agent so that they can ensure it is clear in the documentation. thank you for watching!
@@ProbateandTrustHelp Thank you, but I do not assume the household items would be sold with the house (I know that is possible, e.g., "furnished", but not likely here and very unusual). I just don't want to think I'm stupidly trashing everything. But frankly I think it's better to whittle it down to a reasonable level, where the house could be viewed OK if the house is for sale, and also to expose better those items that might be saleable if we do estate sales.
got it, sorry for the confusion... I always recommend, if you're going to have an estate sales company come through, to NOT remove anything. This is because what the estate sales company sees as valuable to a sale may be different then what you think is valuable. If there is a great deal of trash then that would be worth removing, and anything that the beneficiaries would like to keep, everything else should stay. Regarding organization of the items, the estate sales company will often take care of this as part of their service. Hope this helps!
got it, sorry for the confusion... I always recommend, if you're going to have an estate sales company come through, to NOT remove anything. This is because what the estate sales company sees as valuable to a sale may be different then what you think is valuable. If there is a great deal of trash then that would be worth removing, and anything that the beneficiaries would like to keep, everything else should stay. Regarding organization of the items, the estate sales company will often take care of this as part of their service. Hope this helps!
Hopefully the family is working together and will either divide up the personal photos. I've seen some families choose particular photos to scan and have copies printed for each family member. That said the personal representative is in charge and they should be consulted before removing anything from the decedent's home.
Depends...if the beneficiaries want to press charges (most don't), they would need to hire an attorney. That said, our personal property is worth pennies on the dollar and it may not be worth the financial cost and emotional headache to obtain an attorney.
Sounds like there's nothing i can do? Maybe theres hope. My mom for reason's that happened in my childhood, hated me, blame dad. But i I have always been forgiving since I'm no angel. I got clean and sober 30 yrs. ago. Parents moved bought a home in Id. I followed them 2003. 3 years later my grandson was with them. Older brother he favorite, lives in California. Father died, so did Grandson. House was suppose to go to 2nd grandson, By the way i have a younger bother who doesnt want to be found, this family is so dysfunctional, I have always been around... Brother takes mom to attorney and makes him trustee, pretty sure excludes everyone. This happened to yrs. ago.Visited once. 6 months ago moves in with mom, starts moving things from house . Disconnects home phone, she passed away. And the only thing my brother Text me, mom died go to funeral home sign for her to be cremated. There is no communication. I know he's trustee. What should I do? It bothers me more his decetfullness more than him inherenting the house. What can i do. Hire an attorney. I'm sure he put in there all and anything to omit me. Can i get your opinion on this...mom was 93, I'm 69.❤😢
Sober for 30 years; an amazing accomplishment especially with how you describe your family. If the decedent left a trust, then there really isn't anything that can be done. So sorry
Sounds all fine and good, but what if the “executor” is a con artist, and is selling personal items of my brother and playing god, giving out his expensive belongings to her family, not his, and liquidating his designer closet right into her bank account. This is my twin brother’s death not Joe Shmoe. His child’s mother and her family are like sharks coming for his $$. Not one of my brothers assets have been handled properly. In fact, she never even made an assets list, sold off his newer 2019 Tahoe in first two weeks of his passing, and everything was in his name. The executor has way too much power. This a broken system, clearly.
It's fortunate that there wasn't a trust involved so that your twin brother could have determined how he wanted his estate to be handled versus what your experiencing.
Hi, based on the intestate succession laws of West Virginia it appears that your wife inherits your entire estate based on what you have told me. HOWEVER, I highly recommend speaking with an attorney to ensure that everything is in place for her to inherit your estate. Get a trust created, so that she will not have to deal with the challenges or cost associated with probate is a good place to start too. If the estate is valued at $100,000 or more it will have to go through probate when not in a trust, which is a length and costly process.
That’s exactly right all of the personal property of the principal’s belongings to the estate. Now when there is a Executor / Trustee all of the assets of the estate now belong to the trustee to do what’s in their best interests. A trustee does not have to include beneficiaries for anything, including providing information to the beneficiaries, distributing assets to the beneficiaries. The executer / trustee does not have to follow the instructions of the will, trust or both. Is it a crime that a trustee doesn’t fulfill their fiduciary duties to the beneficiaries ? No of course not. Can they be held accountable for completely ignoring the beneficiaries completely keeping them in the dark ? Nope If you are a beneficiary and you think you have rights to your inheritance, then think again because the executor / trustee can determine what information or assets you will receive and if anything at all. No matter what the will or trust states it’s completely up to what the trustee decides. True facts not opinions
Jim, I have to disagree. A trustee, executor or administrator has a fiduciary duty to the beneficiaries. Of course, there are some bad actors, and in that case, the beneficiaries should consult with an attorney.
@@ProbateandTrustHelp That’s good advice but for those who cannot afford to hire an attorney are simply out of luck. Correct me if I’m wrong but a beneficiary Cannot file any type of complaint or file any documentation from the trustee regarding the trust to court admission. A beneficiary is completely powerless without an attorney. Am I right or am I wrong ? Thank you, Jim
The first vultures that have planned to make all else involved look like an undeserving pos and then make false allegations or defamation of character. to demolish anybody in their way!! The same vulture became POA 12 years before the deceased retired. The same vulture forged public notary signatures to buy and sell properties of the unsuspecting victim. And then caretake to hide all this abuse. This is how realtors take advantage and think it is legal and they are so deserving to sell properties that were not supposed to be sold.. These vultures are thieves and narcissists and feel entitled. Your voice speaks a lot of wicked property heist for self profit and very little to say on fairness to all involved.
Tony, I disagree. If you are referring our real estate team, we do our very best to help families with homes of a loved one who has passed away. We are not "wicked" or "vultures" and our clients 5 star testimonials prove that we do what we say were going to do and lead, guide and protect our clients when preparing, marketing and selling homes in probate or a trust.
I forgot to mention also that not all estates automatically go into probate even if they fall into the guidelines for probate. If the executer / trustee doesn’t inform the court then you won’t have to worry about probate.
I don't recommend doing this as it would be evading the government system. Also, not informing the courts doesn't mean that the government doesn't know of the death. please seek legal advice from an attorney before making the decision to not file for probate.
@@ProbateandTrustHelp You cannot file anything on your own without an attorney. There is no probate court or probate judge in my mother’s estate is what I was told at the court administration in my city. How is it even possible for a trustee to get away with it not going into probate ? In my jurisdiction when there is a trust and the trust assets are 75,000 and greater it has to go to probate. The value of the trust is almost quadruple of what the guidelines are. Doesn’t the trustee have to file the estimated value with the court so they can determine if it would go to probate ? I haven’t been provided with any information or anything from the trustee but a copy of the trust with two pages unreadable. The trustee and I are the only living beneficiaries and I haven’t received anything just ignores my calls I’m completely left in the dark and there’s no help available. That’s what I meant when the trustee can do whatever they want when they are not being challenged. My situation is far different than what you are used to seeing I’m quite certain. I was gone from my home from early in the morning until late at night and discovered when I returned that I was missing all of my equipment Dump Trucks big trailers heavy equipment skid steer loader four wheel drive articulating trencher over $300k worth of my self acquired personal property along with some vintage and a few sports cars. I found out who it was that stolen from me and it was my brother the trustee. He also broke into my house and stole all my money I didn’t have a bank account because I didn’t trust banks 🙄 I had no money no way to make any money and no way possible to hire an attorney. He even found the titles to most of the vehicles he stole from me I have two titles in my name that he didn’t find but he has the vehicles. He texted me and said that if I go to law enforcement about this that he would sell everything he stole from me for 30% of what it was worth. I still have the text message, but far as taking him to court the court administrator informed me that I would have to have an attorney. And there are no attorneys when you have no money. Thank you for responding to me.
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My great aunt died. The only thing that was removed from the house was a statue. it was a statue that my dad had commissioned for her and she wanted it at her funeral everything is under lock
Smart! It is really important that all the personal possessions are kept secure until you're able to have them inventoried and decided how to distribute them.
My sister passed a month ago and we don’t believe there is a will. She was a widow with no children. I’m her only sister. It’s been a very sad month for me, and we have not been given permission to enter her home pending toxicology results. So far, her bills have cost me over $15,000 and I fear that the probate process is going to take over a year or more. . I’m worried because not only do I have to keep up her utility bills, lawn care, pool service etc…I also have to pay her property taxes and her home owners insurance. I don’t have a lot of cash to keep up her property for years while this is being probated.
Im so sorry for your loss, have you spoken with your attorney regarding the finance of the estate? Keep very good records of what you have spent as the estate should pay you back once funds are available. Without a will or trust the estate will likely need to go through probate and the intestate succession laws of your state will determine who inherits this way. I am in San Diego county California so if the house is located here I can help you with the sale. If you would like a referral to an agent in your area I have a network of certified probate real estate advisors and can help you find the right agent for you Advisors@probateandtrusthelp.com.
Mom (and Dad) had a simple not fully thought out and edited will. Bottom line, she never, ever made even a notarized list of items to go to certain people. I haven’t even found an informal list. But I did know certain things. So, they will go and I told the heirs such, but also had to tell them they’ll have to wait as it is part of inventory. Actually I asked them if they know of other things. I knew all the stuff Mom wanted ME to have, and only 1 thing that another is to have. These BTW are the valuable things (at least they were in olden days). All I can do is go on honor.
We often tell our clients, when the family is working well together, to let family members come into the property and label the items they would like with a sticky note. That way if there is any cross over they can discuss amongst themselves what items to take. It takes the stress off of you and the PR and gives them more responsibility in the process. But it is entirely up to you and the PR to determine if this would be a good course of action for the estate. Good luck!
@@ProbateandTrustHelp That's actually a good idea. However, I had the appraisal done, and first have asked heirs to tag any of these "valued" (for lack of better term) items. THEN once they have claimed or not, I figure I'd ask if there might be anything ELSE "non-valued". Just trying to keep myself straight. However, indeed I've already chucked quite a few things, but my next step now is to ask for claims on the latter. Probably better to do as you stated - in fact, my wonderful nephew just mentioned he'd like something he gave his grandma, but I sheepishly had to tell him it is gone! BTW, the other prime heir is in CA (3000 mi away), and the nephew (lesser) is about 200 mi away. The other heirs are nearby. So not too easy for the biggies to make claim, mostly by memory. Thank you so much for your insights, especially for this East Coast executor.
What can you do with a sibling that steals the assets and has been living in the house and has done major damages.
You'll have be appointed as executor or administrator so that you can run the estate, then hire an attorney to help you through the process of having the sibling removed from the property. Likely legal action against them will be taken including giving them 30 days, and having them evicted. An easier first option is cash for keys which I speak about in this video: ruclips.net/video/ZPstKVBFfbM/видео.html
Good luck to you.
Good luck with that, my administrator is dealing with this right now as we speak. They have offered a cash for keys and if no reply or instructions to his solicitor today they will enforce eviction proceedings.
My sister did that! She stole everything worth anything. She didn't comply with the probate court. Today the judge appointed me instead of her. Our mom died in 2019 and only took everything she wanted.
Could you tell me your thoughts on this? My girlfriend of 12 years passed away in Aug. of this year. I lived with her for 11 of those. She had no will. Her oldest son became administrator of her estate. I stayed in her house until the end of Sept. The family court judge wanted us, me and her granddaughter, to stay there until the placement custody hearing in the 1st week of Oct. That is why we stayed as long as we did. I didn't find out that it wasn't an order to stay, just a request, until late Sept. Her son, the man-child, is demanding that I pay for her mortgage and utilities for the time I was still there after her death. Everything concerning the house was in her name. I didn't give her rent per se, I helped her pay her bills, buy food, gas, whatever was needed. He won't let his own niece get the rest of her things unless I pay. I'm trying to find a free consultation but no luck so far. I know you can't give me legal advice but was I just wondering if maybe you or a colleague had ever come across a similar situation? TY. I live in upstate NY.
I have not had this type of situation. It sounds like you’ve already moved out along with the niece. I’m assuming that the “niece” is not your daughter. That said, I imagine you are not a beneficiary of your girlfriends estate. The son wanting you to pay the mortgage/utilities and the nieces personal property left in the decedent’s home are two separate issues. My recommendation is that the niece contact the son herself and ask for a date/time that she could collect her personal property. In regards to your paying the mortgage/utilities while you were living there after your girlfriend passed away, I’m not sure if the son has any legal standing to request such since you’ve already left the property. I would contact legal council for more information on this, please let me know how it turns out.
I can only describe the San Diego Area as a Madhouse regarding FB Marketplace / Online Sales. A December Online Estate Sale was cancelled without my knowledge / consent. Jewelry was Stolen. Online Harassment. Filed Complaint with Carlsbad Police. Some very nice items in family ( some from Europe ) for decades. People showed up with $6.00. i stopped letting people onto the Condo. Met them in Lobby. I have been warning people online of Company / Individual that stole Mothers Jewelry 🤬
Hi, it sounds like you have had a rough time with an estate sale company, what was the name of said company? We have a company that we have used for many years that we know and trust, they're always honest with our clients about what they think will sell or not, and never hold an open house if the contents of the property are not valuable enough for the estate to make a decent profit. Hope all works out for you.
In my mothers will there are 4 siblings nominated as executors, but cannot get on with each other so we are having trouble agreeing with decisions that have to be made. two are narcissists and they want to run the show. It is a nightmare.
That sounds rough! You can always choose one individual to fill this roll, or higher a professional fiduciary to act as executor. I wish you and your siblings luck through the process!
My name is Dolores and I would like to ask how do we the probate with out a will or trust. My family doesn't wanna not a thing in the home.
Hi Dolores, good question, this depends on the area you live and what the guidelines are for that location. Here in San Diego a will is not required for going through probate, but the beneficiaries would be determined by or local intestate succession laws as there is no will to determine who inherits. When a property is in a trust probate is usually not required. You could determine if probate is required by speaking with an estate attorney in your area, good luck to you!
What do you do if your daughter owned a house and mom lived with her daughter, daughter dies mom's stuff is still in the house there's no will. Can mom take her stuff out?
That's a good question. I would think that whoever is the personal representative for the daughter would allow the mom to remove her personal property. They probably would not allow any of the daughters personal property to be removed though. If there's issues that you didn't share here, and the personal representative does not want the Mom back in the home, she may have to get an attorney to help her to retrieve her personal belongings. Hope this helps.
@@ProbateandTrustHelp The good thing is a lot of my items have serial numbers on them so I'm sure they could look them up at the stores I bought them from. And the only true valuable thing that's missing is my daughter. Thank you so much for responding back to me. It really helped. You are a blessing and I appreciate you. ❤⚘🙏
I'm so glad we could help, thank you for watching a commenting!
Good day, I need some feedback PLEASE. Im in charleston SC and my best friend who just so happen to be a now legal immigrant from Hungary is the deceased. He has no living family members, here nor back in Hungary and the Coronor's office has done their due diligence. I paid for his cremation and the coronor's office agreed to let me have possesion of his remains. He lives in a rented house, furnished, 2 vehicles that are his out right and one car with a lien. I am the only person showing any interest in this situation, though we have a very few mutual friends. I intend on going to probate to establish an administrator/executor roll over his belonging so that I can start moving his items out of the rented house. What are the chances the judge would grant me this since there is no KIN? I can not afford a probate lawyer at the moment.
Heirs to an estate without a trust or will are determined by each states intestate succession laws. I am not a lawyer and I'm located in California (so I'm not too familiar with SC intestate succession laws), so I can't be certain but it appears that when there is no family what so every the property will escheat to the state.
I would be sure you're keeping good records of any time and money you're putting into the process, and reach out to someone in the probate court system before you get to much farther in.
@@ProbateandTrustHelp A big disappointment realizing that i'll likely have no luck with probate. I'm still going to try though, thanks for the response. Means a lot.
Okay but when they do sell things they shouldnt what can you do except get a lawyer.
This is a terrible situation and all you can do (except hire a lawyer) is request that the items in the home not be removed without the knowledge and approval of all beneficiaries.
Can a condo that is paid for and is in a trust be foreclosed on for unpaid maintenance fees?
yes
Sounds like a huge scam
I’ve been clearing out my moms house as executor. Nothing I thought or knew would be “worthy” was removed, but now that the appraisal has gone past it seems there should be little problem clearing. Are we saying here this is bad? We’re talking a house full of stuff, not hoarding level but near enough for chaos. I mean, if we have to sell the house, it has to be cleared, no? Or are you saying everything would go to a storage place?
I believe what you're asking is if the house can be sold with the personal items still inside. We have previously sold probate properties this way as sometimes there is no money or means to remove the items. This would be something to discuss with your trusted real estate agent so that they can ensure it is clear in the documentation. thank you for watching!
@@ProbateandTrustHelp Thank you, but I do not assume the household items would be sold with the house (I know that is possible, e.g., "furnished", but not likely here and very unusual). I just don't want to think I'm stupidly trashing everything. But frankly I think it's better to whittle it down to a reasonable level, where the house could be viewed OK if the house is for sale, and also to expose better those items that might be saleable if we do estate sales.
got it, sorry for the confusion... I always recommend, if you're going to have an estate sales company come through, to NOT remove anything. This is because what the estate sales company sees as valuable to a sale may be different then what you think is valuable. If there is a great deal of trash then that would be worth removing, and anything that the beneficiaries would like to keep, everything else should stay. Regarding organization of the items, the estate sales company will often take care of this as part of their service. Hope this helps!
got it, sorry for the confusion... I always recommend, if you're going to have an estate sales company come through, to NOT remove anything. This is because what the estate sales company sees as valuable to a sale may be different then what you think is valuable. If there is a great deal of trash then that would be worth removing, and anything that the beneficiaries would like to keep, everything else should stay. Regarding organization of the items, the estate sales company will often take care of this as part of their service. Hope this helps!
what about personal photos
Hopefully the family is working together and will either divide up the personal photos. I've seen some families choose particular photos to scan and have copies printed for each family member. That said the personal representative is in charge and they should be consulted before removing anything from the decedent's home.
What apartments if they removed things
Depends...if the beneficiaries want to press charges (most don't), they would need to hire an attorney. That said, our personal property is worth pennies on the dollar and it may not be worth the financial cost and emotional headache to obtain an attorney.
Sounds like there's nothing i can do? Maybe theres hope. My mom for reason's that happened in my childhood, hated me, blame dad. But i I have always been forgiving since I'm no angel. I got clean and sober 30 yrs. ago. Parents moved bought a home in Id. I followed them 2003. 3 years later my grandson was with them. Older brother he favorite, lives in California. Father died, so did Grandson. House was suppose to go to 2nd grandson, By the way i have a younger bother who doesnt want to be found, this family is so dysfunctional, I have always been around... Brother takes mom to attorney and makes him trustee, pretty sure excludes everyone. This happened to yrs. ago.Visited once. 6 months ago moves in with mom, starts moving things from house . Disconnects home phone, she passed away. And the only thing my brother Text me, mom died go to funeral home sign for her to be cremated. There is no communication. I know he's trustee. What should I do? It bothers me more his decetfullness more than him inherenting the house. What can i do. Hire an attorney. I'm sure he put in there all and anything to omit me. Can i get your opinion on this...mom was 93, I'm 69.❤😢
Sober for 30 years; an amazing accomplishment especially with how you describe your family. If the decedent left a trust, then there really isn't anything that can be done. So sorry
Are probate laws the same in each county in california
This would be a question for a probate attorney as it is a legal question. Thank you for watching, and commenting!
Sounds all fine and good, but what if the “executor” is a con artist, and is selling personal items of my brother and playing god, giving out his expensive belongings to her family, not his, and liquidating his designer closet right into her bank account. This is my twin brother’s death not Joe Shmoe. His child’s mother and her family are like sharks coming for his $$.
Not one of my brothers assets have been handled properly. In fact, she never even made an assets list, sold off his newer 2019 Tahoe in first two weeks of his passing, and everything was in his name. The executor has way too much power. This a broken system, clearly.
It's fortunate that there wasn't a trust involved so that your twin brother could have determined how he wanted his estate to be handled versus what your experiencing.
We have no children it’s just wife and I, I would like everything to go to her. I own the house..state wv
Hi, based on the intestate succession laws of West Virginia it appears that your wife inherits your entire estate based on what you have told me. HOWEVER, I highly recommend speaking with an attorney to ensure that everything is in place for her to inherit your estate. Get a trust created, so that she will not have to deal with the challenges or cost associated with probate is a good place to start too. If the estate is valued at $100,000 or more it will have to go through probate when not in a trust, which is a length and costly process.
That’s exactly right all of the personal property of the principal’s belongings to the estate.
Now when there is a Executor / Trustee all of the assets of the estate now belong to the trustee to do what’s in their best interests.
A trustee does not have to include beneficiaries for anything, including providing information to the beneficiaries, distributing assets to the beneficiaries.
The executer / trustee does not have to follow the instructions of the will, trust or both.
Is it a crime that a trustee doesn’t fulfill their fiduciary duties to the beneficiaries ?
No of course not.
Can they be held accountable for completely ignoring the beneficiaries completely keeping them in the dark ?
Nope
If you are a beneficiary and you think you have rights to your inheritance, then think again because the executor / trustee can determine what information or assets you will receive and if anything at all.
No matter what the will or trust states it’s completely up to what the trustee decides.
True facts not opinions
Jim, I have to disagree. A trustee, executor or administrator has a fiduciary duty to the beneficiaries. Of course, there are some bad actors, and in that case, the beneficiaries should consult with an attorney.
@@ProbateandTrustHelp
That’s good advice but for those who cannot afford to hire an attorney are simply out of luck.
Correct me if I’m wrong but a beneficiary Cannot file any type of complaint or file any documentation from the trustee regarding the trust to court admission.
A beneficiary is completely powerless without an attorney.
Am I right or am I wrong ?
Thank you,
Jim
The first vultures that have planned to make all else involved look like an undeserving pos and then make false allegations or defamation of character. to demolish anybody in their way!! The same vulture became POA 12 years before the deceased retired. The same vulture forged public notary signatures to buy and sell properties of the unsuspecting victim. And then caretake to hide all this abuse. This is how realtors take advantage and think it is legal and they are so deserving to sell properties that were not supposed to be sold.. These vultures are thieves and narcissists and feel entitled. Your voice speaks a lot of wicked property heist for self profit and very little to say on fairness to all involved.
Tony, I disagree. If you are referring our real estate team, we do our very best to help families with homes of a loved one who has passed away. We are not "wicked" or "vultures" and our clients 5 star testimonials prove that we do what we say were going to do and lead, guide and protect our clients when preparing, marketing and selling homes in probate or a trust.
Thank you
You're very welcome!
I forgot to mention also that not all estates automatically go into probate even if they fall into the guidelines for probate.
If the executer / trustee doesn’t inform the court then you won’t have to worry about probate.
I don't recommend doing this as it would be evading the government system. Also, not informing the courts doesn't mean that the government doesn't know of the death. please seek legal advice from an attorney before making the decision to not file for probate.
@@ProbateandTrustHelp
You cannot file anything on your own without an attorney.
There is no probate court or probate judge in my mother’s estate is what I was told at the court administration in my city.
How is it even possible for a trustee to get away with it not going into probate ?
In my jurisdiction when there is a trust and the trust assets are 75,000 and greater it has to go to probate.
The value of the trust is almost quadruple of what the guidelines are.
Doesn’t the trustee have to file the estimated value with the court so they can determine if it would go to probate ?
I haven’t been provided with any information or anything from the trustee but a copy of the trust with two pages unreadable. The trustee and I are the only living beneficiaries and I haven’t received anything just ignores my calls I’m completely left in the dark and there’s no help available.
That’s what I meant when the trustee can do whatever they want when they are not being challenged.
My situation is far different than what you are used to seeing I’m quite certain.
I was gone from my home from early in the morning until late at night and discovered when I returned that I was missing all of my equipment Dump Trucks big trailers heavy equipment skid steer loader four wheel drive articulating trencher over $300k worth of my self acquired personal property along with some vintage and a few sports cars.
I found out who it was that stolen from me and it was my brother the trustee.
He also broke into my house and stole all my money I didn’t have a bank account because I didn’t trust banks 🙄
I had no money no way to make any money and no way possible to hire an attorney.
He even found the titles to most of the vehicles he stole from me I have two titles in my name that he didn’t find but he has the vehicles.
He texted me and said that if I go to law enforcement about this that he would sell everything he stole from me for 30% of what it was worth.
I still have the text message, but far as taking him to court the court administrator informed me that I would have to have an attorney.
And there are no attorneys when you have no money.
Thank you for responding to me.
@@ProbateandTrustHelp
How can a beneficiary file for probate ?
Is it even possible, I’m asking because I don’t know.
Thank you
@@ProbateandTrustHelp
Did I stump you on my last question ?