Can You Empty a House Before Probate? What To Do With Personal Belongings After Death Without A Will

Рет қаралды 5,121

Horizon Real Estate & Probate and Trust Help

Күн бұрын

619.741.0111 KimWard@ProbateAndTrustHelp.com DRE#01218310
Managing the personal belongings of a loved one after death is a full time job all on its own. when you have to decide what to do with those personal belongs after death without a will it becomes even more challenging! This is why I always give my clients guidance on removing personal items before probate, what you should and should not do, and now I'm sharing some of that knowledge with you.
00:00 Intro
01:30 The role of an executor
02:45 Quick story
04:20 preserving personal belongings
05:50 legal consequences
06:42 what happens when the death is intestate
08:30 outro
Here at Horizon Real Estate we care about helping you, as the estate executor, administrator or trustee. We want you to feel comfortable throughout the probate process, and to help you get the most money quickly from your estate house or trust property.
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Have a probate house or house in a trust and need guidance on how to prepare and sell? Think of this channel as your real estate resource.
If you’re an executor or administrator and want a free copy of my book "What To Do When You’re Responsible For Real Estate A Loved One Leaves Behind" Or, if you’re a trustee and want a free copy of "Exactly What To Expect As Trustee For Real Estate A Loved One Leaves Behind" simply call my office at 619-741-0111.
I’m a full time REALTOR in San Diego, California with Horizon Real Estate. I’m an expert at helping executors, administrators and trustees with probate houses and houses in a trust. A wife, mom to three grown sons and a daughter, plus She-she (that’s my grandma name) to the two cutest, smartest and busiest kids.
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I am NOT a lawyer or tax professional. The presentations reflect my own understanding of the underlying subjects. However, the presentation is based on my professional experience in the field of real estate. The information contained herein should NOT be used as a substitute for the advice of an appropriately qualified and licensed attorney, tax professional or contracted real estate agent/broker. The information provided here is for informational purposes only. You should consult with a professional to seek legal advice regarding your exact circumstances.
If you want to talk with me about San Diego real estate, fell comfortable calling me at 619-741-0111 or email me at KimWard@ProbateAndTrustHelp.com
California DRE license #01218310

Пікірлер: 28

@SweetSourMiss 16 күн бұрын

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.

@ProbateandTrustHelp 15 күн бұрын

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.

@theOlLineRebel 15 күн бұрын

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.

@ProbateandTrustHelp 9 күн бұрын

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!

@theOlLineRebel 9 күн бұрын

@@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.

@noelaustin4751 19 күн бұрын

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.

@ProbateandTrustHelp 15 күн бұрын

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!

@joelonzello4189 2 ай бұрын

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 🤬

@ProbateandTrustHelp Ай бұрын

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.

@jennar3319 2 ай бұрын

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

@ProbateandTrustHelp 2 ай бұрын

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.

@shannonmcfall1012 4 ай бұрын

What can you do with a sibling that steals the assets and has been living in the house and has done major damages.

@ProbateandTrustHelp 3 ай бұрын

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: kzfaq.info/get/bejne/kLajp66Hp6zKkoE.html Good luck to you.

@phoenixkali Ай бұрын

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.

@martybgood62 6 ай бұрын

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.

@ProbateandTrustHelp 6 ай бұрын

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.

@theOlLineRebel 14 күн бұрын

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?

@ProbateandTrustHelp 9 күн бұрын

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!

@theOlLineRebel 9 күн бұрын

@@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.

@user-cz2ur5pl8v 6 ай бұрын

Are probate laws the same in each county in california

@ProbateandTrustHelp 6 ай бұрын

This would be a question for a probate attorney as it is a legal question. Thank you for watching, and commenting!

@Ducali_27 3 ай бұрын

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.

@ProbateandTrustHelp 3 ай бұрын

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.

@Ducali_27 3 ай бұрын

@@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.

@kfergus3662 2 ай бұрын

We have no children it’s just wife and I, I would like everything to go to her. I own the house..state wv

@ProbateandTrustHelp 2 ай бұрын

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.