If you are responsible for a home after the death of the owner, whether as personal representative of their estate, trustee of their trust, or simply as a family member, it turns out you have your work cut out for you. Here’s what’s on your plate:*
Secure the House
The most immediate and important step for you to take is to secure the property. Make sure all the doors and windows are locked and alarms, if any, are set. You may need to change the locks if you don’t know who might have keys or update alarm pass codes.
If possible, have someone stay in the house during the funeral since some thieves look at death notices for opportunities break into homes. Talk with the neighbors so they will keep an eye on the property.
Remove Dangerous Items
If the house contains guns or ammunition, follow the local rules for securing or removing them. This likely means contacting the local police department.
Dispose of any prescription drugs. They should not be dumped in the trash or poured down the drain. A local pharmacy or health department may provide drop off locations.
Collect Paperwork
Collect bank statements, tax returns and any other documents you or the personal representative of the estate may need in the future. If you are the personal representative, you will probably also want to file a change of address form with post office so that the decedent’s mail comes directly to you.
Maintain the Property
Make sure that the utilities continue to be paid, the lawn mowed, and the snow shoveled and plowed, if necessary. You don’t want the property to appear to be unoccupied or abandoned, nor do you want it to fall into disrepair.
Also, terminate any newspaper subscriptions so they don’t accumulate indicating that the house is empty.
Check the Insurance
Get in touch with the insurance company or agency to let them know that the homeowner has passed away and to ask what steps need to be taken to maintain the insurance coverage.
Deal with Personal Property
The biggest task will undoubtedly be the disposition of the deceased individual’s possessions in the house. This is ultimately the responsibility of the personal representative of the estate, who may or may not be you. Whoever it may be, make sure that no one removes any items from the house until the personal representative is ready to take charge of the process.
Then you or they will have to divide the property into a few categories, namely:
- Items that the decedent has designated to go to particular people, whether in their will or another written document.
- Items of particular value that need to be appraised.
- Items that particular heirs would like to receive.
- Everything else that needs to be disposed of as efficiently and cost-effectively as possible.
There are a number of ways to distributed personal property among heirs who have an interest. Here’s an article I wrote about a particularly complex situation and solution.
Sell?
Whether you sell the home depends on a number of factors, including whether the owner’s will directs a sale or a trust requires the property to be maintained for one or more beneficiaries’ use. In the absence of specific instructions, the trustee or personal representative may choose to do sell or retain the home based on the needs or interests of the various beneficiaries.
If they decide to sell the property, they will have to take all the steps any homeowner would to prepare it for sale. Based on the recommendations of the realtor, this may well involve cleaning out the property, freshening it up by painting and making necessary repairs, and staging it to make the best impression on potential buyers.
As you can see, there’s a lot to do if you are responsible for a house in an estate or trust. Good luck.
*In writing this post I have borrowed liberally from an article our friends and colleagues at Bove Langa Witherell & Soiffer P.C., wrote for Steve Leimberg’s Estate Planning Newsletter, an email newsletter for estate planning attorneys. They provide a Residence Maintenance Checklist here.