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  1. #1
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    57

    Default How Does the Administrator Get Inherited Items to the Heir

    My question involves estate planning in the state of: Indiana

    My father recently passed. I am the executor of his will and the successor trustee of his estate/trust. I have two siblings, a sister in Ohio and a brother in Georgia. My brother is not happy that I have this control and is questioning everything. He has an attorney and has more or less threatened to do whatever he has to do. I'm not sure what that means. However, the will and trust are pretty clear. I'm sure that he has found this out, hence his comments such as, "You're going to do whatever you see fit to do anyway!"
    I will be dividing up the estate three ways. This is what my father wanted, what I am obligated to do, no matter the feelings between my brother and I. But what I want to know is must I deliver his items of the estate to him, make arrangements for shipping, or can I request that he come get them or make the arrangements himself? There was a fire in my father's home. Most everything that can be salvaged has been removed for cleaning/smoke removal, and will be stored. This will occur in Indiana where my father lived. I had thought about going to Indiana to pick up these items when the time comes, rent a truck, and take them to my brother since he has had recent back surgery. However, because of the recent bad feelings, I hesitate to do that. I would rather not see him. He is a bitter and angry person. As I read the trust, it does not make any mention of this. Nor does the will. The trust leaves most everything to my discretion. I would appreciate any thoughts on this. Thanks.

    - - - Updated - - -

    Sorry. I don't know why it left out some words in the title. It was supposed to say, "I Have Some Questions".

  2. #2
    Join Date
    Jan 2006
    Posts
    27,263

    Default Re: I Have Some

    the fire:

    was it before or after your father's death and if after, was if before or after you were appointed executor by the court?

    You do not have to deliver the items to your brother. You can send him notice, include a list of the property bequeathed to him, and ask when he will be picking up the property. The estate is not responsible for transporting the property to him.

  3. #3
    Join Date
    Oct 2006
    Posts
    5,742

    Default Re: I Have Some

    Quote Quoting Michael56
    View Post
    My question involves estate planning in the state of: Indiana

    My father recently passed. I am the executor of his will and the successor trustee of his estate/trust. I have two siblings, a sister in Ohio and a brother in Georgia. My brother is not happy that I have this control and is questioning everything. He has an attorney and has more or less threatened to do whatever he has to do. I'm not sure what that means. However, the will and trust are pretty clear. I'm sure that he has found this out, hence his comments such as, "You're going to do whatever you see fit to do anyway!"
    I will be dividing up the estate three ways. This is what my father wanted, what I am obligated to do, no matter the feelings between my brother and I. But what I want to know is must I deliver his items of the estate to him, make arrangements for shipping, or can I request that he come get them or make the arrangements himself? There was a fire in my father's home. Most everything that can be salvaged has been removed for cleaning/smoke removal, and will be stored. This will occur in Indiana where my father lived. I had thought about going to Indiana to pick up these items when the time comes, rent a truck, and take them to my brother since he has had recent back surgery. However, because of the recent bad feelings, I hesitate to do that. I would rather not see him. He is a bitter and angry person. As I read the trust, it does not make any mention of this. Nor does the will. The trust leaves most everything to my discretion. I would appreciate any thoughts on this. Thanks.

    - - - Updated - - -

    Sorry. I don't know why it left out some words in the title. It was supposed to say, "I Have Some Questions".
    What kind of "items" are we talking about? Are we talking about items of sentimental value that most people would rather have than should be disposed of at an estate sale? Are you talking about spending lots of the estate money to restore items that really are not worth restoring?

    Most of the time, when someone passes away financial items are divided, physical assets such as furniture and what not are sold and become part of the estate's cash, and distribution is relatively easy. What is it that you will be distributing that would have to be shipped in the manner you describe?

  4. #4
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    57

    Default Re: I Have Some

    My father actually died in the fire. I was already designated executor and trustee. The items we're talking about are just things from the house that were in the family. They're not valuable, just sentimental. He would get some pieces of furniture, china,...etc..

  5. #5
    Join Date
    Jan 2006
    Posts
    27,263

    Default Re: I Have Some

    Michael56;695554]My father actually died in the fire. I was already designated executor and trustee.
    sorry. didn't mean to bring it up and learn of that. My concern was that if the fire was after his death, it could cause you to incur liability for the items lost, depending on other facts.


    The items we're talking about are just things from the house that were in the family. They're not valuable, just sentimental. He would get some pieces of furniture, china,...etc..
    If the estate can afford to ship the items, make sure it is acceptable with any other heir and do that. If not, if you can afford to ship the stuff, you might consider being the bigger person and just paying to ship the stuff to him. Other than that, let him know when and where he can claim his property.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,348

    Default Re: I Have Some

    If you as administrator do the shipping, I suggest making sure that any package you send is tracked and is fully insured.

  7. #7
    Join Date
    Sep 2007
    Location
    South Carolina
    Posts
    57

    Default Re: I Have Some

    Quote Quoting jk
    View Post
    sorry. didn't mean to bring it up and learn of that. My concern was that if the fire was after his death, it could cause you to incur liability for the items lost, depending on other facts.

    Not a problem. Don't worry about it. I understand.


    If the estate can afford to ship the items, make sure it is acceptable with any other heir and do that. If not, if you can afford to ship the stuff, you might consider being the bigger person and just paying to ship the stuff to him. Other than that, let him know when and where he can claim his property.

    I have already shipped one parcel to him. And I will probably ship two more. But I'm thinking anything else would require him to make arrangements.

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    Quote Quoting Mr. Knowitall
    View Post
    If you as administrator do the shipping, I suggest making sure that any package you send is tracked and is fully insured.

    Good idea. I'm also adding successor trustee after my name on the shipping label.

    - - - Updated - - -

    Well, now I learn that my brother is trying to work out a deal with my sister behind my back. He's asked her for some items from the house/estate. She's not going to oblige him but this needs to stop. What do I need to do? Should I, as executor/successor trustee, send him a certified letter asking him to cease? Should I warn him of the consequences of repeated attempts? If so, what would the consequences be? I am not having a lot of success reaching the estate attorney.

  8. #8

    Default Re: How Does the Administrator Get Inherited Items to the Heir

    We don't know the relationship with your brother prior to this & perhaps being that far away he feels he's not fully connected to whats involved. What happens with the house/property will it be sold as i didn't see anything mentioned. He's wasting money on attorney as it appears you're following thru. When i administered my mom's estate i was quite transparent with day to day duties, assets, bills etc. At least every weekend i emailed updated documents including a full checklist of whats currently being accomplished & unfinished work.
    As for the shipping, i think it's fair the estate pays the shipping as the items were bequested to him. This is something all 3 need to discuss, use google plus and have a 3 way video, it shows you're reaching out & maybe it's enough for all to be more at ease with each other, even close families can quickly feel distrust. As the administrator, are you entitled to a fee per state law? The fee comes from the estate & techniqually he's paying you 33% of the bill. I thought about it but in the end i didn't charge my brothers, just didn't feel right.

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