Follow
Share

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

This question has been closed for answers. Ask a New Question.
Find Care & Housing
I have no idea what a "Public Administrator" is but I think you need your own lawyer to help you through this mess. Good luck!
Helpful Answer (1)
Report

Contact the district attorney. If this is a public administrator they have processes they must follow. Is there a supervisor above this administrator? Something completely new to me. Are you certain there was not a break in? That is what it sounds like. And burglars commonly watch obituary notices to plan their nest break in. I do not think the public administrator would ransack the place. And if was doing their job would have a complete inventory of the contents of the house.
Helpful Answer (1)
Report

I dont believe it was a break in because there was a painting thats obviously worth money still hanging on the wall.Plus the house was sealed shut & none of the seals were broken.
Helpful Answer (0)
Report

If you had an attorney they could file a motion for a stay on the sale, listing, property disposal etc. But you better move fast! Why have you waited this long? Did your Dad have a will? Are you his beneficiary?
Helpful Answer (1)
Report

I'd never heard the term "Public Administrator". But here's what he/she does:

"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.
Helpful Answer (2)
Report

I'd be running to the police and ask to have this man arrested, since he is in the process of stealing your inheritance.... I would swear that he was the one robbing you, and I do hope the police could legally stop him from any further action in this case..... I have never ever heard of such a procedure.... My aunt died a few years back and no-one told us to not secure the house ourselves and take out valuables, as the house would be known to stand empty. we did not want valuables stolen due to break-ins.... She had a will that was registered and legal, and all us nieces and nephews knew it and followed it to it's exact meaning... We also let the neighbors know that all valuables were taken right after the funeral, and one Cousin later disposed of the donatables....
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.........
Helpful Answer (0)
Report

If grandma was in a nursing home, her estate goes to MERP, the Medicaid Estate Recovery Program. Whatever is left goes to her living children. Most of the time the estate won't even cover the Medicaid bill. Sorry.
Helpful Answer (1)
Report

saraveza408, could be the entrance to the house has been *taped* because of a debt of some type, such as unpaid property taxes or reverse mortgage is overdue for total payment. Yes, drawers will be dumped out so an inventory can be made, and to check to see if any envelopes were taped under the drawers [some elderly will hide money that way].

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.
Helpful Answer (0)
Report

I feel like we are missing a lot of information here. Did the will not name an executor/trix? Was their no alternate heirs named? Was there no next of kin to fill in as the executor/trix of the will? The state doesn't normally come in unless there is no will and no next of kin that will step up. You'll have to fill in the gaps in the data. Did your father have a will? Since your grandmother died first, your father's heirs would be in line for the inheritance by law. You should have been contacted. Something went wrong somewhere.
Helpful Answer (0)
Report

This question has been closed for answers. Ask a New Question.
Ask a Question
Subscribe to
Our Newsletter