unsavory human behavior

“Can an Executor Change the Locks?”

| Julie Hall

Q:  I am the executor for my mother, who just passed away.  She is our last parent to die, and now her house and garage will be unprotected.  I don’t know who has keys to her house, since she had some caregivers towards the end of her life.  Is it ok for me to change the locks?

A:  If you are the executor of your mother’s estate, you have a responsibility to protect all she owned until decisions can be made about dividing and disposing of her personal property.

The first step would be to retrieve all the keys to your parents’ home.  Since this is not possible with the uncertainty of who might have keys,  start with a clean slate.  Change the locks with everyone’s knowledge.  What a small price to pay for peace of mind.

No one should remove anything from the house immediately after a parent’s death.  This is common, yet it is a huge mistake that families make.  No one issue causes as much disturbance among the children and heirs: knowing that one child took a collection of stuff away and the rest don’t know the real value, nor the extent of the collection.

On the other hand, the executor has the responsibility for safekeeping the assets, and a death will often signal a vacant house to a thief who might be watching the neighborhood.  Depending on the valuables in your mother’s house, you may find the need to remove items of value, such as jewelry, sterling silver, personal legal papers, insurance documents, and anything else of significant value.

If you do remove any items for security reasons, document who has the items and where they are.  Make sure that every heir knows where the items are, and that this is a temporary home for these items.  Try to keep the items local, so they can be present and accounted for during the division of property.

The more timely the division of personal property with your siblings, the less worry you will have about burglary.  Draw the curtains and blinds every time you leave the home, and have a lamp timer to come on in a couple of rooms in the house.  Remember to leave the air-conditioning on.  Nothing is worse than turning off the utilities and coming back to a house which smells of mildew and has visible mold.

© 2010 Julie Hall

Family Secrets

| Julie Hall

Sometimes, clearing out a family home will uncover things you never knew about a loved one.  I recall one home I was called to clear out; we found written evidence that the father had an affair way back in the 1940s.  This sort of information should be handled with kid gloves.  The best advice is to dispose of any such thing, while you are alive, that may cause great pain to loved ones, if they should find it after you’re gone . . . because someone will find it.

As you walk through your loved one’s home, you may find evidence that one of your parents had an illicit relationship, a secret habit, a child borne out of wedlock, something illegal, etc.  You may discover that your father hadn’t filed tax returns for several years, or that your mom had given up a child for adoption when she was seventeen.  In other words, you may discover things about one of your parents that no one knew and that would bring embarrassment if their secret got out.  What would you do?

If you discover something unsavory or unflattering about your parents or a loved one, ask yourself the following questions:

  • Does what I found offer absolute proof or only raise suspicions?
  • Would what I found be considered evidence for any unsolved crime?
  • If the information became public, would it implicate someone outside the family?
  • Does anyone else have the right to know something my mother or father wanted to be kept secret?
  • Will I be affected emotionally or spiritually trying to keep something secret from my siblings?
  • If my mother or father went to great lengths to keep this secret, should I tell it? (Think long and hard before you respond.)

The answers aren’t always clear and often there are gray areas.  It is important to realize that everyone reading this will have a different opinion as to how to handle these matters.  Always use your best instinct.  When in doubt, seek outside counsel to help with the issue at hand.

© 2010 Julie Hall

Estate Etiquette Solutions

| Julie Hall

As promised last week, here’s how you can contribute to a more peaceful resolution when dividing heirlooms in your parents’ estate.

  1. Sit down and say what’s on your mind.  Beating around the bush confuses everyone.  Confrontation is not necessarily a bad thing.  My father always said that the day after a thunderstorm is usually clean, bright, and beautiful.  It clears the air and so does a confrontation that is more about sharing than finger pointing.  Some heirs can’t handle this confrontation, and I would definitely recommend some kind of mediation, if they want to save the relationship.  The down side is that if they don’t fix this early on, the relationship is normally irreparable as the damage is done.  Then, both parties live out their lives with anger in their hearts.
  2. It’s vital to do everything you can to keep the peace.  Regardless of what part you play in this, it will have an impact on you too, most especially a negative impact.  Even indirectly connected, it will touch you in some negative way.  To avoid this, do your best to take the “high road.”  It feels good to do so, though it’s not always easy.
  3. Validate the other person’s feelings if they share them with you.  At least, listen.  Repeat what they said to you so they feel you heard them.  Both should agree to simply do the best you can to smooth it over somehow.  A photo of Mom and Dad sitting in front of you wouldn’t hurt.  After all, this is about honoring them and not about the heirs.
  4. Encourage others to be a part of the healing process, if they would like to be.  It is not about taking sides.  It is about encouraging both parties to do what they can to heal the hurt.  Always remain objective and try very hard to see the other side.  Seeing both sides, or at least putting yourself in the other’s shoes, might very well lend some insight into the situation.  The problem is that we are generally too self-centered to do this.  Promise me you’ll try!

Dividing heirlooms can be one of the most contentious experiences of our adult lives.  There is no way to completely eliminate family squabbles.  But, you can learn to put them out when they are smoldering, instead of when they grow into a full-blown forest fire.

© 2010 Julie Hall

Estate Etiquette

| Julie Hall

It’s an observation worth noting: when it comes to dividing heirlooms and estate contents, everyone tenses up and no one wants to be the first to talk.  You can sense the apprehension in the room, and it appears as if everyone is trying to predict what the other will do.  Will my sister make a fuss?  Will my brother want the same things I want, and if so, what do we do?  Will there be fighting and resentment?

From the perspective of this 20 year veteran who has observed many families, we should be more concerned with our own behavior.  If every heir was in tune with their own behavior and had the ability to stay on the peaceful path, there would be a lot less fighting in the world.

When a parent passes, particularly the last remaining parent, true colors, a few fangs, and an entitlement mentality will eventually surface.  Most feuds break out for four basic reasons:

  • A misunderstanding has taken place and has not been effectively dealt with
  • Everyone grieves differently and emotions can be volatile
  • A situation has been festering for years that probably took place during childhood and will now appear, causing all kinds of problems
  • An heir perceives he or she is being cheated in the distribution of heirlooms

How do you contribute to a more peaceful resolution?  Check back here next week for four valuable suggestions.

My Sibling is the Problem

| Julie Hall

This week, I’m answering another great question from a reader.

Q:  I am the executor of my mother’s estate.  There are 4 children and one of them is being problematic, even accusing me of things I haven’t done and have no intention of doing.  Is there something I can do to help this situation, because she is not speaking with me and causing everyone great distress?  She wants everything in Mom’s house that is valuable and is not willing to share.  Mom specified everything be split 4 ways equally.  Any help would be appreciated!

A:  In my profession, I see this more often than I would like to admit.  Sometimes the glue of the family begins to disintegrate once both parents pass away.  If one sibling is being difficult, he or she is really calling out for some type of assistance, and it requires great patience and grace to get to the root of the problem.  In some cases, the difficulty can lie in a form of guilt or resentment that this sibling is feeling.  Perhaps they never got the chance to make something right with the loved one before their passing, or felt cheated during their life by the one who just died.  Envy can also play an important role in the behavior of siblings during this difficult time.

Here’s what to do to help this situation.  Write each sibling a letter as the executor.  Share with them the feelings and fears you have about this situation.  Be honest and direct and encourage a family meeting.  Offer each sibling the opportunity to speak, one at a time.  Ask the problematic sibling to tell you what they desire and why.   What would make them feel better?  Really listen to each other.

Have an appraiser evaluate the contents of the home before anything is removed.   Keep a spreadsheet for each sibling and what they would like to have.  Make certain each takes approximately the same financial amount, based on the appraisal.  If one has considerably less assets, make up for it with cash assets, if all siblings agree.  Select items in mom’s house in order of birth and then reverse the order to make it fair, or draw names out of a hat.

Being an executor is probably the most difficult task you might ever experience.  It will test the core of your being!  Lead with your heart, keep compassion on the forefront of your mind to remain fair and objective, and most of all, honor your mother’s memory by being respectful of her and her lifelong possessions.  This is about your mother’s wishes, not your sibling’s!

© 2010 Julie Hall

How Not to Become One of the Estate Lady’s Sad Stories

| Julie Hall

In my book and in many of my articles, I tell stories of estates I have handled with sad outcomes; either the parents were unprepared when death came, or there are serious and tragic family rivalries over possessions.  These stories are avoidable with preparation.  Real stories, every bit the truth, seem to stick with people better than a list of reasons.

The best protection against family rivalries is an updated will from your parents, along with preparation and preplanning with mom and dad.  So, here’s how NOT to become one of my sad stories in a future book or article.

  • Encourage your parents to create a wish list of what they want to give and to whom, and distribute copies to every child or heir.  This way, everyone has a copy, and if they are unhappy, they have to take it up with the parents while they are still alive.
  • Understand that you are not entitled to anything unless someone gives you an inheritance or a gift.  Your parents can do whatever they want with their estate.  Just being their child does not guarantee you an inheritance.  If you receive an inheritance, be exceptionally thankful.
  • Understand that settling an estate is one of the most difficult things you and your siblings will go through, especially during the division of personal property.   Chances are pretty good you won’t be pleased with the outcome of what you walk away with, but be thankful anyway.
  • Remember that this is not about you; it’s about what your parents want.  This is why it is imperative that a last will and testament and other legal documents be drawn up by an attorney.  You should encourage your parents to make decisions prior to infirmity or death.

© 2010 Julie Hall

The Death Bed Thief

| Julie Hall

Exploitation can raise its ugly head in the midst of unsuspecting situations.  Such was the case with the Garvey family (not real name).  Mom and Dad Garvey were about the nicest people you’d ever wish to meet.  Their three adult children lived nearby; they loved to have all the grandchildren over for Sunday dinners.  All of the children were successful, and the family often took vacations together.  As Mom Garvey shared with me, she could not recall one moment of discord between her kids. 

Dad Garvey was diagnosed with cancer at age 73, and the disease progressed rapidly.  He had lived a good life, and faced his illness with grace and courage.  Even as his strength waned, he loved having his family visit.  But soon death was imminent and hospice was called in to assist him and his family.  That’s when strange things began to happen.

One of his daughters became uncharacteristically possessive.  She wanted to be at Dad’s bedside around the clock.  Normally a sweet and accomodating person, she would snap at her mother over the smallest thing.  She accused her siblings of not caring enough for their dad, even as she tried to prevent them from being with him during his final days.

Eventually Dad Garvey passed away, with his wife and children at his bedside.  But as the funeral director’s hearse pulled up to take the body to the funeral home, the same daughter disappeared into the basement, while the others comforted one another in their grief. 

It was a few days later that they discovered what the daughter had been doing.  Apparently, while she was keeping vigil by her father’s bedside, she was also surveying his belongings.  When he died, she quickly grabbed the things she had stashed in the final couple weeks of his life.  Mysteriously, even though Dad Garvey had prepared a will, it was never found.

This is a scary story, no doubt.  But imagine, for just a moment, how different this story would have gone if the parents had given serious consideration to dividing their estate prior to infirmity or death.  At the very least, they should have distributed a master list of what they wanted each child or heir to have, making sure that each child received a copy.  The will should have been given to the executor or another trusted professional, so it would have been available upon death. 

If every child knows the plan in advance, it will be much harder for one child to take the lion’s share.  Unfortunately, this scenario occurs every single day, because no one planned ahead!

© 2010 Julie Hall

The Irony of Heirlooms

| Julie Hall

You can count on Murphy’s Law when dealing with heirlooms and dividing estate contents — something almost always goes wrong!  I’ve had a front seat for nearly 20 years, and seen more than my share of serious feuds, estrangements, the “entitlement mentality”, and the rapid gathering of vultures and other green-eyed creatures.  Sibling rivalry, as well as tensions and emotions, are at an all-time high; the executor is generally stuck in the middle, not wanting to ruffle any feathers.

Often, certain family members will take it upon themselves to enter the estate, take what they desire, and leave everyone else in the dark and empty-handed.  We’ve all heard the scary stories.  One brother locks the other brother out of the house and takes everything in the middle of the night.  A sister helps herself to valuable jewelry without asking, or the long lost sibling who returns after 30 years to claim a chunk of the inheritance.  All of these scenarios, plus so many more, add fuel to the fire and cause decades of resentment and bitterness.

We all have a connection to this particular issue because we have either been through it, are getting ready to go through it, or are dreading the very thought of it.  Unfortunately, when a family member dies, or is approaching death, those who feel entitled come calling.  Suddenly, heirs and distant relatives surface that you didn’t know existed, and true colors shine through in various shades of green.

For what reason does this occur over and over again?  Is it because of perceived value from generations of family stories that one particular piece has tremendous monetary value?  Is it over a sentimental item, like mom’s reading glasses, a family Bible, or a wedding band?  Do people want these items because they feel the loved one who died is still close by?  Or is it plain old greed?

Here’s the irony: People are fighting over things they can’t take with them either.  We exit this world the way we came into it, with no material possessions.

Read my solution in the next blog entry below!

© 2010 Julie Hall

Protect Your Parents from Fraud

| Julie Hall

Your parents protected you when you were young with advice and example.  Look both ways before crossing the street, never speak to strangers, and a host of other suggestions were meant to protect you.  Sadly, our parents reach a point where they need us to protect them!

Here are six suggestions to protect your parents from scams and schemes:

1. Ask or discuss with your parents who has durable power of attorney.

2. Register your parents’ telephone numbers with the National Do Not Call registry (www.donotcall.gov).

3. Discuss with them the list of common frauds (see The Boomer Burden, chapter 7).  Ask them to contact you if they suspect anyone is trying to defraud them.

4. Ask your parents to contact you if anyone offers to buy any of their possessions.

5. Make sure a family member personally visits your parents on a weekly basis.  If this is a challenge and you have other siblings, take turns.

6. Reduce junk mail for a small fee by going to either of these web sites: www.stopthejunkmail.com and http://mailstopper.tonic.com.

The National Center for Elder Abuse is an excellent resource for information on financial and other forms of abuse against senior citizens.  It publishes reports and conducts research on this growing problem.  NCEA’s mission is to promote understanding, knowledge sharing, and action on elder abuse, neglect, and exploitation.  Its web site also offers links to other excellent resources and organizations also devoted to protecting senior citizens.  Their web site is www.ncea.aoa.gov.

Honor your parents by standing between them and anyone who sees them as an easy target.

© 2009 Julie Hall

Scams and Schemes

| Julie Hall

Your parents, especially those who live alone, are vulnerable to scams and schemes for three reasons.  First, seniors tend to be trusting.  They also may be lonely and sometimes distant from those who can protect them.  Senior parents are also vulnerable because they worry about their financial security.  Finally, scammers know that many seniors have money and valuable possessions.

Even though approximately 50 percent of elderly Americans are victims of financial exploitation, only 10 to 15 percent of the abuses are reported.

The following may indicate that your parents are being victimized:

  * Sudden bank account changes, especially an unexplained withdrawal of large sums of money
  * Unfamiliar long-distance telephone numbers, expecially from overseas, on their monthly bill
  * Significantly lower standard of living (change in eating and shopping habits; unable to afford things they once afforded)
  * Selling higher-end items such as furniture, antiques, and so on
  * Sudden disappearance of valuable possessions
  * Increase in commercial or junk mail
  * Sudden change in behavior; symptoms of depression or anxiety
  * Increased worries over money

Next week, I’ll share six ways to protect your parents from fraud.  If you need the information sooner, and for much more practical advice on helping your parents now, and dealing with their stuff after they are gone, please order my book, “The Boomer Burden”, available from Amazon.  http://www.amazon.com/Boomer-Burden-Dealing-Lifetime-Accumulation/

© 2009 Julie Hall