My MIL is in a memory facility. We are emptying and selling her house due to the cost of keeping it. My husband is the POA and is sister is not, but will says all will be divided 1/2 and 1/2. My question is there are some big ticket items (fox vest, mink coat, large sofa, large TV, furniture) that are being offered to the family members. My MIL is not dead. Do all these items need to be sold and put in the estate to pay for my MIL care or just given away? She does not need the money to continue to stay in the facility, but who knows what will happen down the road or how long she will live. Husband's sister is just going in and taking what she wants without regard to it still being her mother's property and part of the estate.
The mink coat you probably will not get much for as many people are not wearing real fur anymore.
With the price of TV's you likely will not get much for a used TV when I can buy a (just looked this up on Sam's Club) a 75 inch for $499.00 or an 85 inch for $797.99.
The hassle that you go through to sell something just isn't worth it.
If family members want the items divide them evenly. (I say this since you say mom does not need the money for her care. But if there is a chance then selling to family might be a good option.)
You say the Will states everything should be divided evenly...there might not be much left depending on how long mom lives, the cost of her care in the next year, 2 years, 3 years......
The POA must stop the looting until this is sorted out.
If family members want them now, and your husband (the POA) and his sister agree, why not get rid of them now to people who want them, instead of having to move and store them and deal with them a second time while dealing with the grief of MIL's death.
Is your husband upset about his sister taking their mother's things, or is it just your concern? She and your husband should get to decide, since everything would go to them after the death. If he's upset, then he should sit down with her now and make the decisions evenly and fairly, as your MIL would want. If he doesn't mind, then what is wrong with a daughter wanting to keep some of her mother's things?
I understand your concern about the money, but again, there really isn't much resale value proportionate to original cost of these things, and wouldn't it give your husband peace of mind to get these things taken care of now rather than dragging out the process?
As POA your husband can keep sister from taking anything. But, if its nothing he or you want, let her take what she wants. I did hear though, in my state, that if some one is in a home and the house is sold, their belongings need to be stored until death. I think the estate pays for the storage. Mom went on Medicaid and all they worried about was her house not what was in it.
This home needs to be locked and sis told she will be charged with theft if she takes things.
This Estate is now being brought together legally by the POA for the care of the elder. Things will be gathered and sold and there may be auctions or whatever other than some few sentimental items. A mink isn't that. Sorry.
I would suggest the POA go to an elder law attorney now to have job description and learn how to keep meticulous records he is going to need for all this.
This is a HUGE job. Sister needs to STAY OUT OF IT. Or she can attend the attorney meeting with brother to learn why she doesn't want criminal charges brought against her.
Give MILs items away to the family. To charge them money for her things is unthinkably inappropriate, imo, unless she has original Picasso's and Rembrandts.
Enjoy your new fur baby!