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  1. #1
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    Feb 2016
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    Default How to Get Other Heirs to Remove Their Property from an Inherited House

    My question involves estate proceedings in the state of: WI

    My husband and I have deed to mother-in-laws house as of December 2015. Sisters get all personal property. Can house deeders set deadline to have all personal property removed from house? IF not removed can the estate be charged to have the property removed. We were deeded the house "as is". No money to fix up windows, floors, etc. Sisters have dragging feet syndrome. Sisters say no money to pay to have personal property removed. I have volunteered way to much to help clean already. Stupid of me because sisters may still leave me with mess to clean up. Husband has farmed for 40 years and no one wants to move forward. What do I do?

  2. #2
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    Why didn't the personal representative of the estate / administrator address the issue of removal, storage and delivery of the items of personal property? When you say, "can the estate be charged", you make it sound like the estate is still open -- if that is in fact the case, what did the personal representative say when you asked about removal of the items of property?

  3. #3
    Join Date
    Feb 2016
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    Not sure if you got my reply. I am new to this form thread stuff. The estate is open until December 2016. No specific date in writing from personal rep as to removal of personal property. What do we need to do? I am very anxious to get stuff moving. Do we need to petition the court to set a date to get removal of all personal property? Can the estate pay for removal of personal property by sisters or by us(the house deeded?) Sisters are really dragging feet on all.

  4. #4
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    Jan 2006
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    Why is the estate scheduled to remain open for so long and why were you deeded the property so quickly? Deeds to property are often one of the last actions of the executor as well as the distribution of personal property. Until all bills are paid much of what is in an estate is subject to sale to liquidate so as to be able to pay outstanding debts.

    But bottom line: if the real estate has been transferred it is yours. You can tell owners of personal property to remove it from your house. If the personal property has been distributed then the estate has nothing to do with it any longer. It is the new owners to deal with. If it has not been distributed then the estate needs to deal with it.

  5. #5
    Join Date
    Feb 2016
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    So after 1 email ignorned by Personal rep and 2 invitations to dinner and chat, and one face to face chat, no clear answer on when personal property would be removed. I had mentioned I would volunteer to have a thrift sale. I left thrift sale open as to late April 2016. I contacted estate lawyers several times and left a voicemail message on Tuesday. Stopped in lawyers office on Wed. - NOTHING.

    Thursday we get letter from Lawyers office stating: " The estate will have all personal property it is claiming removed from the house no later than February 29, 2016. We appreciate the extra time after the property was deeded to Charlie to complete that process. This should conclude any issues you have with the estate. Charlie has already received his inheritance in full and is no longer an interest person in the estate. If you have questions or concerns in the future, please contact personal representative directly and she will involve me, if necessary."

    Again reminder we were deeded house with courthouse record of November 14th, 2015. I believe there is lack of communication with personal rep and family. I did not even understand what it meant to get the deed. I am really hesitant to contact personal rep because of lack of previous none response or clear answer. Who set the date of February 29th? That is 6 days from when we got the letter.

    Today the heirs were at the house taking things outs. My big fear is that they will NOT clean out all personal property and we will be left with mess to clean out. Because the letter stated "the estate will have all personal property is is claiming removed from the house". Well what if estate heirs do NOT claim all the property. I think we have to wait until after Feb 29th and see what happens, but we need to be pro-active. I have went well above my duty as a sister in law and cleaned and organized lots of stuff and not throwing anything away. Can we hire someone to clean out remaining items and charge the estate. The estate is still open. I was told it would be open until Dec. 2016 unless they moved up the date. PLEASE GIVE ME ADVISE. WHAT CAN WE DO? Note I will NOT be having a thrift sale. The heirs have not been informed of that.

  6. #6
    Join Date
    Mar 2013
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    1,279

    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    I'm sure others will be along to correct me, but the language of the letter suggests the lawyer is telling you everything the other heirs are entitled to under the estate will be removed no later than February 29th. That which remains after February 29th does not belong to the heirs, goes with the house and is yours to do with as you choose.

    Perhaps there may be confusion on everyone's part as to what constitutes "personal property" ?

  7. #7
    Join Date
    Feb 2016
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    11

    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    So on March 1, we, the house deeders can change the locks on our house? And we are responsible for taking out anything remaining? We could sell anything left and keep money from sale?
    It is not our personal property according to the will, can we charge the estate for us to remove it? Like landlord /tenant situation, you collect security deposit to pay for cleaning of pet or clean out apartment. Do we have the right to charge the estate for removal of personal property items left behind?

    What is Personal property? Furniture,dressers, chairs, lamp, old tables, end table, old wash tub, headboards, two sewing machines and cabinets, gun cabinet, old picture frames,clocks, knick knacks, tax records, kids report cards, small toys, tons of old board games, tons of new and old books, lots of sewing thread, old school desks and chairs, old record player and records, old suitcases, old mirrors, old crib, old family pictures, deceased persons journals, old glass jars and thermases, "old canned jars of food, vases, drinking and wine glasses, freezer full of food, old toilet, 50+ years of children and adult clothing, fans, old family letters and fun old farm invoices, tax records back to 1956, office supplies, old defunked automatic washing machine and dryer, old wash tub, old paint, saw horses, artificial Christmas trees and old ornaments, kitchen utinsels, and of course just plain junk, dust and dirt and mouse turds.

    What is Personal property? Furniture,dressers, chairs, lamp, old tables, end table, old wash tub, headboards, two sewing machines and cabinets, gun cabinet, old picture frames,clocks, knick knacks, tax records, kids report cards, small toys, tons of old board games, tons of new and old books, lots of sewing thread, old school desks and chairs, old record player and records, old suitcases, old mirrors, old crib, old family pictures, deceased persons journals, old glass jars and thermases, "old canned jars of food, vases, drinking and wine glasses, freezer full of food, old toilet, 50+ years of children and adult clothing, fans, old family letters and fun old farm invoices, tax records back to 1956, office supplies, old defunked automatic washing machine and dryer, old wash tub, old paint, saw horses, artificial Christmas trees and old ornaments, kitchen utinsels, and of course just plain junk, dust and dirt and mouse turds.

  8. #8
    Join Date
    Jan 2006
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    You can change your own locks should you choose. You actually could have done it as soon as the deed was delivered to you.

    What happens typically is whoever gets a house gets stuck with a bunch of junk nobody wants. Technically it belongs to whatever heir inherited it.

    You can try to mske the estate pay for the clean out. I doubt you will be successful. If you wish to try I would send a letter saying something like;

    it's my understanding all personal property was to become the property of [whomever]. As I am the devised and the real property has already been transferred to myself, I need either the estate or legatees to whom the personal property was gifted to to remove all personal property. If I am required to dispose of any property remaining I will be seeking compensation to do so.

    If you decide to just clean it yourself, be sure you get a statement form the personal representative that as of March 1, 2016 all personal property remaining on the real estate or within any buildings has been abandoned by the estate and [you] are free to dispose of it as you choose.

  9. #9
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    Quote Quoting LauraTrump
    View Post
    Thursday we get letter from Lawyers office stating: "The estate will have all personal property it is claiming removed from the house no later than February 29, 2016....
    My acknowledgment letter would be along the lines of this: "Dear [Personal Representative], Thank you for the letter of [date], from [lawyer]. I appreciate that the estate will have all items of personal property removed from the home no later than February 29, 2016. Please advise me if I am incorrect in my understanding that the property will be completely emptied of personal property on or by that date. The home is no longer to be used for storage as of midnight on February 29, so if we need to discuss subsequent storage fees or when the estate will pay a cleaning service to remove and discard any properly left behind I would like to resolve those issues now. Sincerely, [You]". I would send it by mail and by fax (or pdf/email) (with it noted on the letter that it was also being sent by fax and/or as a PDF), due to the short time frame, send a 'carbon copy' to the lawyer, and of course keep a copy for my records. A response (or non-response) wouldn't change your legal position -- you would still need to establish a right to recover money in relation to property left in the premises -- but it would help clarify the estate's position on any items not cleared out.

    And yes, change the locks.
    Quote Quoting LauraTrump
    Who set the date of February 29th? That is 6 days from when we got the letter.
    The administrator and personal representative apparently picked that date.
    Quote Quoting LauraTrump
    What is Personal property?
    Anything that is not either real estate or a fixture. A built-in appliance should remain. Curtain rods that are attached to the walls should remain (if you care).

  10. #10
    Join Date
    Oct 2006
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    Default Re: How to Get Other Heirs to Remove Their Property from an Inherited House

    The reality of things is that the others are going to go in and take what they want and leave all the "trash". They are not going to leave the house "move in clean". Its even questionable as to whether or not they are required to do so. Your feeling is that the entire contents of the home are "personal property" even if its trash. Their feeling is going to be that personal property is whatever they actually want to take that actually has value to them.

    When the house was deeded to you that included any contents that were not "personal property". Unfortunately that includes true trash. Since what is "true trash" is very subjective, the reality of things is that you will be stuck with the cleanup. Yes, you can try to make the estate responsible for the cleanup, but if the estate has no money or no money left after paying priority creditors (which includes the attorney) you would have nothing to collect from.

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