I had a productive meeting with a lawyer last week and he cleared up a lot of my confusion but there's this one thing where he couldn't seem to give me a clear answer. I'm executor of my dad's will and am trying to learn in advance what I'll need to know and be doing when the time comes. I have a sibling who will be a challenge (wow, I put that nicely!) and feel I need to be armed with knowledge. So, after the funeral, I picture the sibling and other relatives clearing my dad's house of all furnishings and possessions. Many have keys to his house. Is this permissible? Does the house need to stay intact until the will goes through probate and is considered settled? I know there's six months for all creditors to make claim (there aren't any) and I can pay basic utilities during thIs time. After this, I will sell the house. But what about the "stuff" in it? Does it stay or does it all get taken? Lawyer was vague on this.
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To be on the safe side, I would change locks now. You could even start inventorying the assets, especially if there are valuables. I would probably take photos and add information on the items and start researching to determine their value. If there are collectibles, you may have to deal with the issue of capital gains on their value. I addressed that issue with a Corvette, definitely a collectible item.
There usually is a provision in both trusts and wills that expenses of the last illness need to be paid first, so you will have to assess what those will and might be and hold off any distributions until you determine if your father's assets will cover all his last expense debts. That's the priority, well above what the unruly sibling will want.
There will also be administrative costs, including those for the house, until it's sold, so you might need some of the household items (especially those of value) to maintain the house until it's sold.
Given that you anticipate issues with the one sibling, you might want to protect yourself (after changing the locks), by sending a letter to all siblings (so he doesn't feel singled out), providing projected costs of maintaining the house until it's sold and ask if each can contribute (assuming there are insufficient funds in your father's assets). It might hold off your brother temporarily.
What you can also do after inventorying the items of value is to discuss it with your dad (I apologize but I don't recall his situation and if he's up to this) and ask him if there are any specific things he wants to go to a specific sibling.
There's a provision in our trusts that this can be done, by memo, witnessed, etc. (I'd have to check the specific terms) to reserve certain items for certain people.
If your father's able to sign a Codicil, your attorney could easily draft one that allows for this provision; it'll give you support when your brother comes after what he wants.
Good question, by the way.
I do think that you need to change the locks ASAP, though to prevent the disappearance of valuables. If Dad had guns--store them elsewhere.
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If there are things of significant value in the home consider a home alarm -- there are people who keep a lookout for folks going into hospital/rehab/nursing homes and clear out valuables while they are away (a friend lost all kinds of stuff that way - very difficult for him)
Angel