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Photographic Evidence & pre-Probate period

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only76daughter

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania
Hello, again. This is the other major question/worry that is haunting me now about my recently-deceased father's estate:
The antiques, as I mentioned on the other thread, consitute the bulk of the estate's value. Proceeds from the "public sale or auction" of them are to be split 60% me and 40% my stepmother. There are no specific dollar amounts included in the will nor is there any inventory list (the only list is a signed codicil attached to the will which enumerates the only antiques he is specifically willing to stepmother, which are 12 restored ---and therefore less valuable--- pieces of antique furniture). There is also no specification regarding WHEN the sale(s) or auction(s) should take place. Currently all of these items are inside the house he has willed to her, and currently I am out of state. I have been very concerned (and wouldn't put it past her at all) about the possibility of her removing and/or selling off items before an inventory list can be made (which is hopefully on or immediately after Dec. 9, as I am flying in to be present when a major auction company owner will be doing an appraisal for auction) and/or before probate is opened. Sooooooo... because I have had this fear for several years before my dad even passed away, I had the presence of mind to photograph every antique in the house that was possible for me to see the day after he died. I took these photos with my cell phone camera (I had to, to be discreet) and in every single photo I am holding in the lower left hand corner a newspaper dated with that date. About three quarters of the pictures turned out pretty darn clear, and the other 25% I am currently trying to make brghter/clearer on the computer. I plan on making two sets of prints of these and from that making two sets of albums, organized by room, so that if necessary, I can quickly pull this out and compare and see if anything has gone missing. Thus far I have not told anyone I took these pictures (maybe I should? not sure...). But my real question is how solid, generally, is this kind of photographic evidence in situations like this, in case something (or many things) have indeed gone missing by the time I get there on the 9th (or any time ater that)?
 


only76daughter

Junior Member
...a related question is whether it IS in fact technically legal for her to remove or sell off any of these items because: a) probate is not yet opened and b) the will only mentions that the net proceeds from PUBLIC sale are to be divided between she and I?

I'm inclined to believe that it would be illegal because: a) there is an existing death certificate, b) there has been a public notice of my father's death (obituary in Tuesday's local paper), and c) the will specifically states that ALL the "rest & remainder" of property (the antiques) are to be sold in public sale and so to sell or dispose of them otherwise is technically against the terms of the will. But I am only guessing here.....
 

anteater

Senior Member
I won't give you a hard time about keeping all your posts on the same subject in one thread. But it is a good idea.

You have more evidence than 99% of people contesting "disappearing" personal property. The one gray area that I can see is proof that the property was owned solely by your father.

Nobody should be disposing of anything until the court grants letters testamentary to the personal representative.
 

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