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Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
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  #1  
Old 10-29-2009, 10:08 PM
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Join Date: Jan 2002
Location: LA, CA
Posts: 58

Probate closed.. how long??


What is the name of your state (only U.S. law)? CA

Father passed away in December 06, Probate opened in March 07. I am NOT the executor.

Probate finally closed in June 09. As part of the will, I get the house that Dad owned, and I have been living in the house since before he passed, as I was his caretaker.

Items in home were stated in will to go to other members of family. How long do I have to store this stuff before I can get rid of it?? There's a lot of miscellaneous stuff (crap, to be honest) that belongs to others in the will, but no matter how many times I contact them and ask them to come and get it, they have not made any effort to do so. There is a car in my driveway that I want gone, so that I may put MY car in MY driveway; bedroom furniture that needs to be gone so that I may move into the master bedroom, etc.

Can I force them to come and get this stuff, or can I charge them storage fees??? This is a 4 bedroom house, and only 2 bedrooms have my things in them. My furniture is in storage of my own, and I have been paying for that all this time...
  #2  
Old 10-30-2009, 12:23 AM
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Join Date: Feb 2002
Location: Bikini Atoll
Posts: 5,536
Quote:
Originally Posted by pattimelt View Post
What is the name of your state (only U.S. law)? CA

Father passed away in December 06, Probate opened in March 07. I am NOT the executor.

Probate finally closed in June 09. As part of the will, I get the house that Dad owned, and I have been living in the house since before he passed, as I was his caretaker.

Items in home were stated in will to go to other members of family. How long do I have to store this stuff before I can get rid of it?? There's a lot of miscellaneous stuff (crap, to be honest) that belongs to others in the will, but no matter how many times I contact them and ask them to come and get it, they have not made any effort to do so. There is a car in my driveway that I want gone, so that I may put MY car in MY driveway; bedroom furniture that needs to be gone so that I may move into the master bedroom, etc.

Can I force them to come and get this stuff, or can I charge them storage fees??? This is a 4 bedroom house, and only 2 bedrooms have my things in them. My furniture is in storage of my own, and I have been paying for that all this time...
Hi pattymelt, have you sent the beneficiaries a CCR letter with a deadline to pick up their stuff or it will be put out?
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  #3  
Old 10-30-2009, 08:01 AM
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Join Date: Jan 2002
Location: LA, CA
Posts: 58
Blondie, No, I have not done this. I didn't know what my options were.

The executor keeps finding excuses, saying EVERYONE needs to be there all at the same time, and this one or that one can't make it. To be honest here, if there was a way to prevent her from getting her court-authorized executor fee, I wanna know what it is, cause she ain't done NOTHING other than drag her feet to get any part of this probate finished. It's bad enough that she ignored the property tax bill from the county while the house was in probate and now we have all these fees and interest to pay because she held the bill and never gave it to me or paid it out of the estate.

One sister says she can't afford to come over, because they can't afford the cost of the dumpster for things they don't want.

The other sister can't be bothered, but she's been to her condo in Hawaii for 3 weeks and gone to Tampa for preseason football workouts to see her football team practice for another 2 weeks.

My nephew, who only gets the car in the driveway and some tools and old ham radio gear can't be bothered, and won't even return phone calls.

And the 2 nieces who get this fantastic antique train set seem to think that if they don't come get it, I'll continue to store it for them until they are ready to pick it up. One niece is over 22 years old, the other is under 18.

I just want my house to be MY house, with MY things in it.. is that too much to ask from these people??
  #4  
Old 11-01-2009, 10:52 PM
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Join Date: Feb 2002
Location: Bikini Atoll
Posts: 5,536
Quote:
Originally Posted by pattimelt View Post
Blondie, No, I have not done this. I didn't know what my options were.

The executor keeps finding excuses, saying EVERYONE needs to be there all at the same time, and this one or that one can't make it. To be honest here, if there was a way to prevent her from getting her court-authorized executor fee, I wanna know what it is, cause she ain't done NOTHING other than drag her feet to get any part of this probate finished. It's bad enough that she ignored the property tax bill from the county while the house was in probate and now we have all these fees and interest to pay because she held the bill and never gave it to me or paid it out of the estate.

One sister says she can't afford to come over, because they can't afford the cost of the dumpster for things they don't want.

The other sister can't be bothered, but she's been to her condo in Hawaii for 3 weeks and gone to Tampa for preseason football workouts to see her football team practice for another 2 weeks.

My nephew, who only gets the car in the driveway and some tools and old ham radio gear can't be bothered, and won't even return phone calls.

And the 2 nieces who get this fantastic antique train set seem to think that if they don't come get it, I'll continue to store it for them until they are ready to pick it up. One niece is over 22 years old, the other is under 18.

I just want my house to be MY house, with MY things in it.. is that too much to ask from these people??
Go see a local attorney and have a consultation. In fact, consider having an attorney send them a letter to have them come and get their belonging otherwise... How about a curb alert on Craig's List?
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