Back in May my Grandmother passed away then 12 hrs after my Father passed away unexpectedly. My Grandma's had a will drawn up before I was born & it left everything to my Dad. Well,there is a Public Administrator who is supposed to be taking care of everything. My Grandma's estate is going up for sale soon. Its time to empty the estate. The Public Administrator has taped off the house & has not allowed me access to the inside of the house. He had previously told me I could go in & collect heirlooms & gather property I wanted to keep. Now he is telling me that because there is not proper insurance of the place I cant go in the house & instead he is asking for a list of heirlooms I want from in the house. My Grandma had Dementia & hid things all over that house. I cant make a list without knowing whats there.He said they would put the heirlooms in storage & I can pick them up from there. He says they have declared everything in the house "donatable" & a team is scheduled to empty the house in the next few days. What looks like a towel to one person may be a towel that has meaning to our family.Only family can decide that.
Well I peeked in a small opening in the curtains in a window today & the place looks like it has been ransacked. Drawers dumped on top of the bed, the TV turned on its side on top the bed, the closets emptied,furniture moved ect. I know it had to be the Public Administrator because the house was sealed with new stickers with the date 10/09/2014 on it. Thats when they evaluated the personal property & said it was all donatable.
Now I haven't a clue what is missing nor if I'll get the chance to enter the house again. I feel like I'm being robbed. To me this is not right.
Whats going on? Is this legal? What should I do? I need some feedback fast please they are trying to sell the house this week. I emailed the Public Administrator & told him no one has permission to take anything from the house. I haven't heard back from him. Does it even matter that I give no one permission to take anything from the house?
Please help fast!
PS Im in San Jose Calif, Santa Clara County
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Sounds like the Public Administrator is trying to cooperate with you saying that the office will store any heirlooms if you make a list, for you and the rest of the family to pick up later. If you were that close to your Grandmother, you would know what items you would want. Just make out that list.
In the past 6 months, was anyone living in the house after your Grandmother passed? Was anyone paying the utilities? Keeping up the yard? Maintaining he house? Paying the mortgage [if any]? Was there a reverse mortgage on the house? If so, the house could be in foreclosure because reverse mortgages need to be paid in full within 30 days to 6 months, depending on the lender.
Help fast? Good heavens, you have had 6 months to settle the estate.
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Something is just too screwy with that person and what he is telling you...
Hope you did not wait one day, got a lawyer, and went to the police....wish you well.........
"The Santa Clara County Public Administrator serves the public by managing the estates of persons who die without a will or without an appropriate person willing or able to act as executor. The Public Administrator operates under the authority of the Superior Court as a last resort measure.
When it appears that no one with a higher authority is acting to handle the decedent's estate, it is the duty of the Public Administrator to make a diligent search for a will and the names and addresses of heirs. If a will is found, the named executor is notified. If no will is found, then the Public Administrator will attempt to contact heirs of the decedent to determine if they are able and willing to handle the estate. If there are no heirs, or the heirs are unable or unwilling to act, the Public Administrator may handle the disposition of the estate pursuant to the provisions of the California Probate Code.
Duties of the Public Administrator:
Safeguard decedent’s property from waste, loss, theft or misappropriation
Make appropriate burial arrangements
Conduct thorough investigations to discover all assets
Notify and pay decedent’s creditors
Locate persons legally entitled to inherit
Distribute the estate"
You said she had a will. I don't know, maybe the named Executor had passed away or was unable/unwilling to serve...?
It's past time to involve an attorney who can speak for the heirs. Since dad outlived gram, his legal heirs are entitled. Gram's assets would be dispersed according to your dad's will, or, if he died without one, according to law of the state of California.
I wonder if the PA actually believes his yellow tape will keep burglars out. I find that reasoning amusing.
Today!! I'd contact the PA (leave a detailed voice mail, if you can't reach him) asking him to halt the disposition of property. And get an attorney.
Frankly, I think you're Johnny Come Lately to the party. Something sounds amiss.