This is long and complicated, but I'll try to make it as brief as possible. And this is not for me, but for my wife's nephew (20 y/o boy) and his mother, who are currently staying with us.

THE STORY:

The boy's dad died recently in March, at 56, after a long illnesses. The boy is the only son of the dad, who was the only son of his elderly mother (who lived in DC) who passed away last week.

Before the boy's grandma died, she was staying in nursing home, and all her affairs were managed by her social worker, who had power of attorney. <--I get to this part later.

The grandma had her 4-BR residence in some upscale neighborhood near the Potomac, in MD. When the boy and his mom went to DC last week to start taking care of the grandma's affair, they were shocked to find out the tons of things that grandma has been collecting over the years: fine arts, chinas, antique piano, mink coats, tons and tons of designer shoes and handbags. That's just what they could see so far. There are tons more of boxes that were locked up, and they were not able to get in. All these were willed to the son, but since he's dead, they now all belong to the grandson (wife's nephew). To say that they were overwhelmed is an understatement. And, I told them, they need to get back to DC ASAP, which they're going, before crooks break in and steal all the stuff.
They're going back to DC next week and stay for a while to do a detailed inventory of things to prepare to dispose of(sell).

First questions: What would be the best way of disposing of all these? Some auction house that is professional at this kind of thing? If, so, who would you recommend? Or, selling them yourself on ebay? Pros and cons? If selling them on ebay, they will be hauling all the stuff back to my place.


Now, to the social worker (SW)/power of attorney and the house. I was told that, during the time that the SW was managing the grandma's affairs, she sold all of her jewelry collections, claiming that grandma had debt to pay. When asked for details and receipts, she couldn't provide, or refused to provide. There are more to this shady character, but that's just an example. The nephew is not sure how the house will be sold, but supposedly will be by the person who represents the grandma's estate (not the SW). According to the SW, part of the proceed will be used to pay for grandma's debt, and the rest goes to the nephew. Again, when asked for documentations, the SW refused. So, I told him that he clearly needs an attorney to fight for him, or they'll eat him alive. An adult without an attorney representing him would stand no chances, let alone a kid.

Next advice/recommendation needed: Please, recommend an attorney in this field, and who practices in MD. That's where the property is. Another piece of relevant info is that, since the mother was divorced from the boy's dad (been divorced for a long time), she has no legal standing the fight. She can give him moral support, but legally, she has no say. Am I correct?


This is very important for the nephew (and his mother), as they have nothing right now. This inheritance will help him greatly with his future, education, etc...
He's a good boy, and sacrificed all these years, staying home taking care of his sick dad until he died.

Thank you all in advance for your help.

Can't help you, but DO get a lawyer yesterday.


H&K-Guy

quote:

Originally posted by H&K-Guy:
Can't help you, but DO get a lawyer yesterday.


H&K-Guy

Thanks, but that's the point of the thread.

Great that you are helping them out Q. I would look for a company that deal with estate sales to dispose of the inventories...

1) Can't help you with a Maryland attorney referral, but I do know SIGforum does have at least one MD attorney. I would suggest you edit your thread title, adding something like: "MD Estate Attorney referral, anyone?" to beacon him/them in. The current thread title is somewhat generic.

2) I do not know the 'best way' to liquidate personal possessions but I do know one of the worst ways. Whatever the heir does, don't just hire an auctioneer to deal with it and sign whatever they concoct, assuming it's on the level. My brother did that with my dad's stuff...and, rather than generating funds from selling stuff, the estate ended up owing the auctioneer, after 'fees and expenses.'

3) There is a process for handling debts theoretically owed by a deceased. The attorney found and hired in step 1 will know this.

I am not a lawyer (but have been executor/personal representative for two MI estates in the past 7 years) but I would immediately consult the attorney and find out who had authority to manage the estate's possessions. If it is the grandson, I would urge the following steps be considered:

A) change all locks, immediately, and keep the key close.

B) get an adequate security system installed, if there are substantial assets there and/or it's in a high-risk area and/or there are risks of pilferage; and

C) do not pay any bills except through the estate process, and as advised by the attorney.

I can't stress the latter enough. Whether or not vouched for by some help, whether or not presented breathlessly in person, with 'past due' written on them they are all just claims against the estate and whoever is responsible for settling the estate has to establish whether they are valid, and whether the estate has resources to pay all claims, taxes owed, etc.

First things first---the attorney. I'll ring a couple of bells.

Then, http://alexcooper.com/

afterwards, subsequently... http://www.fullhouseauction.com/

I don't know of any there, but you need a lawyer who deals with estates and probate litigation.

BurtonRW is in that part of the country. Maybe he can suggest someone.

You didn't ask for it but you have my prayers for all involved, especially the mother and son that this gets resolved.

quote:

Originally posted by jhe888:
BurtonRW is in that part of the country. Maybe he can suggest someone.

Just what I was going to say. His email address is in his profile.

I also have a contact, almost could call him a "godson," (known him all his life) in VA. I don't know whether he is licensed in MD, and estate stuff is not his forte, but if Rob Burton can't give you a good referral I can check with my guy.

The SW is a crook and needs to be stopped. A reputable firm that handles estate sales should be good to sell the collections.

I'd be glad to call our office there and ask for a good atty referral, if someone here does not know one personally. I'll email you.

Thanks for the help, so far, guys.

Rey HRH, I didn't ask for it, but your prayer brought tears to my eyes.

Even so called durable powers of attorney expire upon death of the principal so SW is now a nobody with no authority whatsoever going forward.

Assuming Maryland is similar to the other 48 states (Louisiana isn't), the court will appoint an administrator, often a suitable family member, who acts with court authority to take possession of all property of the estate, liquidate or distribute the estate accordingly to law, assuming there is no valid will. One of the assets of the estate is any claim against SW for malfeasance, etc.

Each state has its own unique procedures, forms, times to do things, requirements, etc. It may be that probate must be filed where the decedent died, or resided, as well as where there was real property. Experienced counsel will not be mystified by these nuances.

First:

I have a friend who had to administer four estates (mother, and his murdered sister and nephews).

I've got a call into him for the name of the attorney he used. As soon as I have it, I'll forward it on.

Second:

The social worker..... The grandson and heir needs to contact the police RIGHT THE HELL NOW and file a report. As in NOW. He also needs to contact the social worker's employer to appraise them of this situation.

If the social worker was selling the grandmother's property and has no records or refuses to produce them for the legal heir, there is a breech of their fiduciary duty (at a minimum) and it sure sounds like the person was stealing (in DC, my immediate instinct is to assume the person is guilty of stealing).

Third:

I am in NOVA, along with about a dozen other members. BurtonRW is in Montgomery County. If the family needs help locally, please let us know. Someone of us would be likely able to help.

Look for an email with my number.

Yes, I told them they should have changed the lock, before coming back to Houston. They said they took the keys back from the SW, but it's almost a given that she had duplicates.

To tell you that she's no doubt a crook, she tried to nag the grandma many times to change the will to her name as beneficiary. This was documented in the grandma's diary that is currently in the grandson's possession.

In the unlikely event BurtonRW doesn't have a referral, another resource to find a local estate planning attorney is ACTEC. But I'd prefer a personal recommendation when possible.

Good luck.

quote:

Originally posted by 12131:
Yes, I told them they should have changed the lock, before coming back to Houston. They said they took the keys back from the SW, but it's almost a given that she had duplicates.

To tell you that she's no doubt a crook, she tried to nag the grandma many times to change the will to her name as beneficiary. This was documented in the grandma's diary that is currently in the grandson's possession.

Is there a will?

quote:

Originally posted by JALLEN:

quote:

Originally posted by 12131:
Yes, I told them they should have changed the lock, before coming back to Houston. They said they took the keys back from the SW, but it's almost a given that she had duplicates.

To tell you that she's no doubt a crook, she tried to nag the grandma many times to change the will to her name as beneficiary. This was documented in the grandma's diary that is currently in the grandson's possession.

Is there a will?

Yes, the grandson has it.

No advice from me, I just wanted to say Best Wishes to you all and may God Bless.

I had to deal with a similar situation once years ago, but fortunately it was local.

The suggestion to change the keys is essential but they should also introduce themselves to a neighbor or two and ask them to let them know if there is any activity at the house.

Take photos of everything they can and bring any small stuff back if possible. Depending on the value and volume of the stuff, paying a moving company to bring it back would make things easier to deal with. As I'm sure you know, the original price of some personal effects has little to do with resale value most jewelry included.

File a police report and maybe even a visit with the local assistant states attorney office to give them a heads up and see what they recommend. They may also have a list of lawyers they could point you towards. While they are there meeting in person has a lot more value and weight than a letter or phone call.

Maryland has a lot of state borders close by many areas so if she (SW) lives in a different jurisdiction or crossed them it may be a whole different ballgame. I'll let the legal professionals advise on that one.

Good luck to you and your relatives. I can tell you from personal experience it won't be easy and will be a real learning experience.

Maybe a Ring doorbell should be installed, or other device that will send real-time video to a smart phone if anyone tries to enter the house while it is not attended.

Or a monitored alarm system if there is not one already.