TOD for home, what happens to the assets inside?

[CleveMom]

In Ohio, when someone receives a property via a TOD affidavit, what must be done to remove the belongings inside the home? The TOD beneficiary is not in the will and has no rights to the assets in the home. What will that person need to do to remove the furnishings and property inside the home? In this case, when the owner died, her ex-boyfriend remained beneficiary on the TOD because she forgot to file a revocation of the TOD.

 

[Foamback]

Has the family approached the ex-BF? If nothing is done except dithering, then at some point everything inside could be considered abandoned by the heirs.

What exactly does the family want? Everything? Just the mementos? Something In between?

People are most often reasonable when approached reasonably with reasonable wants. Start by requesting all or most of the mementos. Ask if he needs help cleaning out and doing dump runs and Goodwill trips.

He didn’t do anything wrong, it was your sisters mistake. But I’m sure no matter if he’s moving in, renting or selling, there is a lot of stuff in the house he doesn’t need or want. Most stuff left inside a house following death is junk, grandma sofas, ancient pots and pans, towels and bedding best sent to a landfill, etc.

 

[CleveMom]

Has the family approached the ex-BF? If nothing is done except dithering, then at some point everything inside could be considered abandoned by the heirs.

What exactly does the family want? Everything? Just the mementos? Something In between?

People are most often reasonable when approached reasonably with reasonable wants. Start by requesting all or most of the mementos. Ask if he needs help cleaning out and doing dump runs and Goodwill trips.

He didn’t do anything wrong, it was your sisters mistake. But I’m sure no matter if he’s moving in, renting or selling, there is a lot of stuff in the house he doesn’t need or want. Most stuff left inside a house following death is junk, grandma sofas, ancient pots and pans, towels and bedding best sent to a landfill, etc.

Thank you for your insight. The ex-boyfriend, who will receive the property TOD, doesn't want to have to interact with any surviving family of the deceased. Any surviving family will not be reasonable. The ex-boyfriend knows his TOD inheritance will be a surprise because the owner forgot to revoke it. I was wondering if in Ohio, there are laws or guidelines that determine how the house gets cleaned out. I would imagine the estate has something like 30 days to get belongings before things are considered abandoned.

 

[adjusterjack]

I would imagine the estate has something like 30 days to get belongings before things are considered abandoned.

That's probably not correct.

In the absence of evidence to the contrary, a person is presumed to own that which is in their possession.

That he inherited the house makes an even stronger presumption that he also inherited the contents of the home and also raises the presumption that the deceased intended it that way when executing the TOD.

Your assertion that the lack of revocation of the TOD was unintentional is biased and self serving. There's no evidence of that.

To be entitled to anything in the house (rebut the presumption) one would have to provide evidence (not just say so) that items where the property of the deceased.

A bequest in the will of any specific items to somebody else would, of course, be strong evidence that the owner of the house was not entitled to those items.

Everything else, I think, would belong to the owner of the house unless he was gracious enough to allow removal.

I admit I have no legal citations for the above, just a reality check. If the homeowner says "It's all mine, prove that it's not" then what do you do?

 

[Foamback]

The ex-boyfriend, who will receive the property TOD, doesn't want to have to interact with any surviving family of the deceased. Any surviving family will not be reasonable.

I agree with Adjuster Jack, the house became his property the instant of final breath.

If there is going to be drama, the ex is best off to avoid the family. He may be enticed by a neutral third party to turn over valueless momentos, but that is probably just stirring a hornets nest.

Most people have way too much meaningless and unidentifiable family junk. Consider this a start st decluttering

 

[adjusterjack]

the ex is best off to avoid the family.

And change the locks. LOL.

 

[zddoodah]

when someone receives a property via a TOD affidavit, what must be done to remove the belongings inside the home?

Depends on a lot of factors, including the terms of the deceased's will or trust (if he/she had one).

The TOD beneficiary is not in the will and has no rights to the assets in the home. What will that person need to do to remove the furnishings and property inside the home?

The beneficiary should contact the next of kin or the person nominated in the will (if any) to be executor or the trustee of the deceased's trust (if any) and make arrangements for the removal of the personal property in the home.

The ex-boyfriend, who will receive the property TOD, doesn't want to have to interact with any surviving family of the deceased.

I don't see how that can be avoided (unless he wants to hire an attorney or some other appropriate agent to handle this on his behalf).

I have a few questions:

1. What is your connection to the deceased, the beneficiary, and/or the deceased's next of kin?

2. Since the beneficiary is an EX-boyfriend, does he have the ability to access the house without breaking in? Alternatively, if he's already accessed the house, how did he do it?

3. When did the deceased die?

4. Has anyone commenced an action to probate the estate of the deceased?