Estates and executors -- what do you wish you'd known

Excellent advise to encourage more parental sorting BEFORE they move.

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we’ve been told we will need to inventory not just items that are sold or donated, but EVERY item in the house, even those throw away. How detailed are we talking? I am not sure it would be possible to inventory everything, even at the “box of…” level. There are, for example, 217 necklaces so far. Not to mention, dumpsters that have already been carted away.

“we’ve been told we will need to inventory…”

Told by whom?

All depends on the heirs. If the heirs don’t care, then no one else will.

(I was executor for my parent’s house, and told my sibs – the other heirs – that they could take anything they wanted from the house, including jewelry, and after that, it would be donated/tossed. No need to catalogue in our case.)

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It’s ok to have an inventory called “Used takeout containers” and “old magazines and newspapers”.

You’re going to have a LOT of stuff that fits into those two categories, right?

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I was told this by Dil, info from lawyer via the executor. “Make sure you keep track of everything; make an inventory”.

I agree that as the sole heir, DiL is going to be the decider anyway — but the estate is nearly insolvent, so the bank holding the lien has an interest in values, don’t they?

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May also depend if a will lists items? Heirs may ask for inventory report. Some localities may require appraisal /fair market value of specific items in a will.
Localities may asses a tax if estate exceeds a certain value.
Keep records of the expense of dumpsters, general refuse, damaged housewares, drywall, etc.
Take pictures of rooms, boxes.

Are there creditors waiting for payment, or, possibly refunds due the estate (cancelled subscriptions that may have been prepaid, insurance.)?

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the bank has a lien on what specifically? A piece of real property?

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We had someone come in and do an appraisal – which the lawyer advised to support estate tax payment. Much of it was generic “used LR furniture”. I would think, if needed, that photos could suffice. Btw, these were never used for anything.

If there are items which seem possibly valuable and you have concerns about the heirs challenging you on value, you can often send pictures and descriptions to consignment stores in the area. The response is often “there is no market for those here.” But then, you are off the hook. And you can donate in good conscience.

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So the executor told your daughter in law that the lawyer said to inventory everything?

I would call the lawyer and ask for clarification on this since daughter in law is the sole heir. The deceased was a hoarder and what the explanation for an inventory means.

Edited to clarify. Your daughter in law should call the lawyer

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If the estate is “nearly insolvent”, it is highly unlikely that any estate tax will be due. Of course, that depends on the state (which I’m not sure has been disclosed).

Lien is on the house full of stuff; it looks to me like she refinanced at some point. We think there is likely to also be outstanding debt on the car (dead battery in the driveway, awaiting title transfer). There are credit cards too, utilities. DiL is the only heir and inherits the entire estate, but is not the executor. (She was a minor when the will was drawn up)

The only item specifically mentioned in the will was the dog :frowning: .We have kept records of the costs associated with the cleanout. DiL wants to have the estate lawyer’s firm set up a real estate auction, which isn’t a terrible idea. Property will be sold “as is”, including whatever can’t be removed from the home (16 bookcases, two hospital beds, gigantic buffet). No estate service wanted to enter the home and I don’t blame them one bit.

I routinely prepare estate inventories and accountings for clients. Most of the time, line items are “household furnishings” - value $2500 or some such. Clothing. Vehicles. Jewelry. Only unusual or antique items receive their own line and valuation. You could describe items as “accumulated debris and items of no value due to condition “. Take a photo as backup.

I’m very sorry for a really difficult situation for your family.

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That is really helpful…thank you!

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You are welcome. Hang in there.

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I am going to use “accumulated debris” in many, many contexts… and Sabaray- if you are looking for a royalty every time I do- you are entitled to it.

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“Why is mom so mean to our brother’s wife?”

“Accumulated debris.”

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That’s EXACTLY how I plan to use it!

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Exactly!

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I think it’s really important to remember there is no uniform probate procedure in the United States. Each state is going to have their own procedures and forms. The probate process in Virginia is overseen by a Commissioner of Accounts for each county. An inventory is an actual form that must be recorded in the Clerk of Court’s office after review and approval by the Commissioner. Estimated values must be included. To even qualify as an executor, one must give an estimate of the size of the Estate and bond, if required, is based on that estimate. Values can be extremely important depending on the state.

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@sabaray what is the value of trash? We threw away a lot of stuff from my mom’s collection of “stuff”. Things that were broken, damaged, lots of paper things, mildewed books…you get the picture.