SECURING A DECEDENT'S PROPERTY

Jack Tarrant, Attorney at Law

 

This is an installment in a series of mini-articles I've written regarding what to do when a loved one dies.   As, I've written before, my own father recently passed away and I have had to deal with the many aspects of losing a loved one first hand.

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     One of the first things to actually do is to secure any property the decedent had.  Families hate to see important items or heirlooms go missing.  And that will happen without properly securing the property.  In general, the rules are that assets of an estate are not distributed until debts are paid.  Titled assets also create a need for some some sort of probate process in order to get the title into the names of the heirs.  As heirs follow these rules,  property may sit unprotected for a while.

 

     Many times, I have seen or heard of homes being ransacked in the days after a person passes away.  You must secure that property immediately.   Not just family, but neighbors, or anyone reading an obituary, can easily learn that a there is a home with potential valuables inside.  If the home sits there long enough with valuable inside, it WILL be broken into.  

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     While it may seem distasteful to speedily lock up a decedent's property, in the long run, everyone will feel more comfortable and there will be a better chance that those beloved heirlooms can make their way to the proper person.  

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     When it is time to go looking for important documents like a Last Will and Testament, have a couple of family members help.  The search will go faster, all will be aware of what is found and, what I have learned, is that people look through stuff differently so something that might be missed or look unimportant to one person might be found or seen as important by another, even in the same space.  

 

Courts need the original of a will (probate can be done with a copy but it creates several additional steps in the process and a court has to be convinced) so it is very important that these documents be located early on.

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     In law, there is a rule that says that "property vests at death."  That means that the second a person dies, the heirs are the owners of the decedent's property.  However, it does not mean that any family member can walk into the house and take whatever they want.  While it does mean that there are no gaps in ownership, the rule does not say who the heirs are.  That is for the probate process to determine.  

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     Probate is complex and to make sure sure that you adhere to all the rules, it helps to consult a lawyer who practices in the area.  Jack Tarrant is just such a lawyer and would be happy to discuss your estate question with you.