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My sister threw a fit because she was not permitted to take a lot of my mother's things out of the house after mom went to Assisted Living. The attorney explained that anything that she wants to keep needs to be appraised and put in storage, and the value will be a deducted from her inheritance. My sister is refusing to speak to me and we need to do a clearing of the house. I am scheduling an appraiser next week. She has blocked me on her phone so I cannot even text her with the details. The longer this nonsense goes on the more it's going to cost us in attorneys fees. What do you suggest? I need to move forward with an estate sale. The house has been sitting unoccupied since October 2019.

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Why don’t you talk to your mom about selling the house? Free yourself from this heartache. Forget your sister. She isn’t going to change. No one is going to pay attention to her foolishness on Facebook. Yes, embarrassing but consider the source.

Take your money and get an apartment. Is there anything that would prevent the sale, a legal issue? I don’t know. That’s why I have to ask you.

Please don’t get defensive. I would like to see you at peace and put all of this mess behind you.

Don’t even try to convince your sister of anything. Speak to your mom. Tell her what your sister is doing.

Your mom needs to settle this issue for the two of you. Why is your mom setting you and your sister up like this? She is setting both of you up to be enemies.

My mom did that too. Guess what? I gave up. I went no contact with my siblings and my mom. Not worth it. I did all that I could. I refuse to stay in toxic relationships.

Your situation is different but the chaos is the same. If you start having physical or mental issues from all of this crap, then where does that leave you or your mom?

I ended up with high blood pressure and seeing a cardiologist. Like I said, not worth it to me. I truly appreciate that you love your mom. Continue to see your mom but without stressing about your sister.

I love my mom. I don’t have any feelings left for my siblings. I will not allow my mom to wreck havoc in my life. I cared for her for two decades, 15 years in my home. I did more than my share.

I hope it will work out for you but it seems to be hanging in limbo for now. What will your attorney do to help remedy this nightmare that you are faced with?

I am not trying to upset you. I know it’s disturbing to be in a situation like this but is it worth it? Really? You don’t have respect from your sister. Your mom is allowing it to continue. So, what’s next?

What exactly do you want your sister to do? Or your mom? I am sorry if I am a bit confused about your situation.

Your mom means well by giving equal POA but look what it has caused. You’re at each other’s throats.

You keep talking about your sister’s mental illness and drinking. Something drove her to that. People who are content in their lives don’t solve issues by drinking. She is just as miserable as you are. I am not saying that you have to like her but have you tried to understand why she is why she is?

What exactly is this ‘mental illness’ that you are referring to? Depression? Anxiety? Bipolar disorder? Is she on meds? Does she see a mental health professional for her problems?

What’s the whole story here? We only have your side. What would she say about you or your mom? I am not taking sides but there is always two sides to a story.

Good luck to you. I hope you find a solution soon. You sound very stressed out.
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Sadexecutor Mar 2020
Mom is in a nursing home. She has Alzheimer's. The dual power of attorney came into play when my mother's friend and Financial Manager took her to the bank and tried to make her give him tens of thousands of dollars. The bank contacted me and told me what happened. I contacted my sister.We scheduled to meet at the bank with my mother and sign power of attorney paperwork.
Sis has manic depression. Diagnosed at 16. Yes she is on meds but they don't work when she drinks like she does. I actually saved her life about 5 years ago. She was so sick that She was delirious and an ambulance forced her to go to the hospital. She was told not to drink. She had pancreatitis. She still drinks.
I have given up trying to teach her a lesson. I have moved forward with the clean out of the house without her. She is happy to have someone else do the work. I have contacted my cousins, who live about an hour away, and they are more than happy to help me.
My husband is mad at me because I am giving in. I told him that is not worth the stress.
You have not offended me. I am over it.
I sent my sister a message through her work email, detailing a meeting that I had with an estate liquidator. There is so much work to be done that we will be paying out thousands of dollars and there will be nothing left for Mom. I told her that I will be doing the work instead, along with family and they will be paid. She does not want to pay them. As far as I am concerned they will be paid and the work will get done. If she wants to take me to civil court she's welcome to do that. I will win.
I'm looking forward to having time with my cousins and doing this as a family.
So far my sister is still uninvolved other than responding to my email. I spent 5 hours yesterday at mother's home cleaning, hauling out trash and assessing more inventory. The cousins come next weekend.

Thank you for your concern. I am at peace with my decision -moving forward.
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"I am mentally exhausted and tired of dealing with it. My sister has exercised her power of attorney minimally. I have done all the work for 4 years. I'm just done with it."

I hear you there. Although the house & contents was not quite 2 years, I was handling finances, appointments, grocery shopping, etc. to help my mother for a while before that as well, plus the researching places, calling, looking, etc., and getting everything for the trusts set up. So in all it was probably closer to 4 years of my time (before the move.) Only 2 of us were named POA (OB isn't local, wasn't here to sign anything) - it doesn't specify we are "co", but for the most part he hasn't done anything with his POA. Getting an answer to anything from him is like pulling elephant tusks! Sometimes I resort to asking if he's still alive! Mental AND physical exhaustion, plus anger. It isn't worth it. While it might be nice to have a few mementos that you cherish, your sanity and peace of mind are worth MUCH more.

Even now, as we proceed with year 4 in MC, who gets all the work? Me. Sure, I could offload to him, but I know everything would fall apart! Ordering and keeping track of her meds, briefs, buying the OTC items she needs, etc, juggling the finances, taxes, payments, etc would not get done right! He couldn't even remember to pick her up for a dentist visit on the right day (cost $50 for no show!), despite my text msgs to remind him!

"As harsh as some of the comments have been I recognize that I need to let it go."
I am probably one of those in the "harsh" camp, but really we were only trying to put perspective on the issues. Sometimes it is easier AND better for you to just let it all go. The toll it can take on you isn't worth it. You still have your memories.

"I was really hoping I could get her to understand her bad behavior..."

You did post several times about how she has been like this most/all her life, so clearly nothing you could do or say is going to change that! In a comment to someone else's comment, I mention my OB. He was physically and psychologically abusive to me when we were kids. All these years I thought he "outgrew" this, but he hasn't. It is who he is. Unfortunately I missed the subtle signals during the first few trips up to help cleaning out the condo (only maybe 3-4 weeks all total in the more than a year and a half it took to get it all done and dusted!) His last trip was to be 2 weeks, stay at my place, visit mom and help clearing/cleaning. He didn't last 1 week. Bad mouthing you on Facebook is nothing, just lies. Have it yelled at you AFTER throwing you to the floor twice, ranting, raving, cursing up a storm while packing his stuff (after the floor treatment, I told him to get the F out.) The thing with people like that, they get "over" it - he kept loading his car with more mom crap and bringing it here afterwards (out Fri, back to my place M-W.) I would not answer or open the door, yet he would sit here for an hour waiting. I even called for police escort the first day, so I could go home! Had to make a statement and the officer wanted me to press charges. By the time we got here, he was gone. Officer wanted to call him, but I said no, he will be going back home Sat, and won't be welcome back - I didn't want to start trouble, but my statement was on record, so if he DID start something, I could change my mind!

I am over it, because I am done with him. He's back down south and can stay there. He is not and never will be welcome here again.

"My mother is what is most important because she does not have many more years left. I have such a good time when I visit her and make her laugh. That is worth more than the stuff in her house. They will be my final memories of her."

EXACTLY! Put all that misguided energy into enjoying the time you have left with your mom! You will NOT regret that! CHEERS!
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Sadexecutor Mar 2020
Thank you for your detailed reply. It sounds like we are going through the same thing, except my sister only lives 10 minutes away. She will never understand her bad behavior and I accept that now, thanks to all the advice on here. I met with an estate sale Liquidator and there is so much that he is charging 50 50. I know it's a lot of work and the problem is that when it's all said and done mother will get nothing from the sales. I decided to contact other family members, my cousins and step siblings to see if we can do this as a team. They are all for it. I told my sister that I will be paying them and she does not want to pay them LOL. She says it's an unnecessary expense. My reply to her was that spending $300 of my mother's money to removes 5 possums from her house because they were a nuisance is an unnecessary expense. Offering payment for a lot of hard manual work is common courtesy . She said that that is my BS opinion. She's really a piece of work. She has done none of the cleaning or manual labor whatsoever but she wants other people to do it for free.Rolling my eyes. They WILL be paid and if she doesn't like it she can take me to civil court. I will win.
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Youre lucky...my sister takes things from my mom's house in plain view and under protest of siblings who are not POA, and in front of my mom, with dementia, who still lives there, and her caregiver. She doesn't talk to me either.
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Jasmina Mar 2020
Get her arrested for theft. Those items are not hers and are part of the estate. They might need to be sold to pay for moms care. I'd get her arrested. Get people to vid her taking items or change locks.
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I'm sure you mentioned this, but has your mom been informed of what's happening or is she no longer able to provide input?

You mention that it says in the will that the items should be split between you and your sister right? You said an appraiser is going to give you a list of the items and their value. You can send your sister a copy of the list along with a copy of the will by certified mail. You can advise that she is entitled to items that equal half the value and that means half the Christmas ornaments if they are of major sentimental value. You can even check off the items you would like to claim before sending the list. You can mention that if there are items you've claimed that she feels like she'd like to have, you are willing to negotiate for those items and have her send you her list.

But first, before you do any of these things, you should make sure that your mom is onboard with you dissolving her estate and that it is legal for you to do so. (I'm guessing the equity in the house will have to be perserved until after your mom's passing and frankly the value of the contents may need to be too. Only the attorney can advise you on that matter.)

Then, if there are things that you just can't agree on, if it were me, I'd give in and give them to your sister and take something else of equal value. Do what you can to take the focus off the material component of this difficult task and get it behind you.

Spend the rest of the time, loving on your mom while you can, even if she isn't able to respond. Put your sister behind you as well. You will most likely feel anger and resentment towards her for the rest of your life anyway unless you learn to just let her go.

For the last 5 years I have struggled and struggled to let go of a relationship with my own sister in law. (We grew up together and raised our kids together and she was the only sister I ever knew.) I finally read a book that helped me understand that while I was just devastated by the break up of our relationship, she did not care about it at all and I was only hurting myself by continuing to reach out over and over. A good book to read is "Adult Children of Immature Parents." I read it to help my nieces cope with my sister in laws (their mother) behavior but it ended up helping me as much as it helped them. I then went on to read "But It's Your Family". That's another very helpful resource for people like us who would like to fix relationships that simply can't be repaired right now and may never be repaired.

1.Make a plan for dividing these material items once you have the appraisal list.
2.Check with the attorney about the legality of dividing the contents prior to your moms passing.
3.Pass the list on to your sister.
4.Negotiate by email or mail to avoid tantrums and be prepared to receive responses that are negative or sarcastic but don't let that deter you from your goal.
5.Give up items even though they mean something and take something else of equal value to move the process along.
6.Close the file and don't look back.

Whatever happens, move away from your relationship with your sister and forgive her and feel love and mercy towards her. You may never have a relationship with her again in this lifetime and that's okay. Time may heal this wound or other circumstances may heal this wound but be prepared to completely let go and live your life without her in it.

It's easier said than done but at the end of the day, material things are fleeting. Narcissistic family members will wreak havoc on your life and it's better for your health and happiness to just let these things & people go. Meditation has helped me so much with living alongside these sorrows and just accepting them as they are without judgement.

Best of luck to you and I hope you are able so share precious moments with your mother. You're a wonderful daughter. Be loving and strong.
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When my husband's aunt died, him and his brother and sister went through the house and talked about what was important to them that they wanted out of the house.  His sister took a little statue and some cast iron frying pans that had been in the family for 100 yrs, his brother took an old rocking chair, a niece took the dining table and I took a cookie jar.  Those things had very little monetary value, but held fond memories for each of us.  Everything else was auctioned.  If your mom has great long term care insurance and money isn't the issue, is there a reason you can't jut let your sister have the Christmas ornaments or whatever it is she wants?  How much value can they really have?  I am just trying to look at it with what I have experienced.  Even if your sister is lying in a gutter drunk clutching those things that were important to her from your moms house,  what difference does it make?  You have no idea who is going to buy them at auction and what will become of those things.  A beautiful china cabinet of our Aunts went for $50 at auction. Split 4 ways it was $12.50 ea.  Totally not worth fighting over.  I get that something like a car or a house that has a title and worth a lot of money cannot just be given away... I am talking more about a plate or a picture on the wall or a photo or a frying pan, ornaments, etc.... something that is not on a list with the lawyer but might hold sentimental value to your sister.  I speak from experience that sometimes when you are going through something like this that takes its toll on you, you can get caught up on a little thing that is really not all that important when you look back on it later.
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Here's the deal. Your mom is still living, so no matter what happens with her house and belongings no one gets anything at this point.

As I have read through this post I got the idea that your sister figured she would get all the expensive doodads because you would be living rent free in mom's house until??? This is the unfortunate result when off spring start spending their perceived inheritance before they actually have it in hand.

At the end of the day there may not be 2 pennies to rub together. Mom could outlive her long term insurance and require every dollar that she has to provide her with care.

When you liquidate moms assets you would be wise to ensure that the money is protected for mom. Sister having joint POA puts her in a position to steal moms money and leave mom out in the cold.

Greedy siblings are a PITA and the idea that she is trying to pick mama's bones before she has died is repulsive.

I hope you can protect your mom and her future care.
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elaineSC Mar 2020
Excellent response! You said everything I was thinking. I have seen these situations before and I can’t stand a “bone picker” who starts before the parent has even passed. It is so ugly. They aren’t suppose to get a thing until that parent has passed on.
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Sounds to me shes not being compliant with the way this was set up. The attorney should be able to tell you what to do legally. I bet theirs some kind of time frame that she needs to comply with as it pertains to a timely manner. I would go ahead without her but cc her on every appt. i made to include her so if she takes you to court you cya. Documentation Documentation it shows her not participating. Good luck
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Sadexecutor Mar 2020
I totally agree. As I posted previously as a reply to someone else, I asked her if she would at least post the dining room table and kitchen table on Facebook Marketplace to sell. The house is so full I have nowhere to display anything. Her response was, I have to think about that. Really? This is what I mean. She was quick to pick out all those things she wanted but does not want to put any effort into anything else. I am going to start documenting and sending her to emails of the process. I guess if she doesn't like it she can take me to civil court. This has to get done
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What a nightmare! So sorry that you are dealing with this. An earlier post you mention she is a dual POA. Unfortunate move on your mom’s part.

Did your mom do this so it would be ‘fair’ or what? All she did was pit the two of you against each other. Trust me, I know how that feels. Sadly, lots of parents set up their kids for a disaster.

Would your mom consider removing her as POA and letting you handle all legal matters? Is she of sound mind and deemed capable to do that?

Would your mom update her will stating that you are to receive such and such specific items and your sister can have equal value of other things?

Your sister is not going to be reasonable. You already know that. There is no sibling relationship to destroy because the two of you have never been close.

Yes, Facebook posts may be embarrassing but anyone that knows your sister is not going to give her much credence. It seems like you are the one with all the credibility so forget about what she has to say.

I don’t have a good relationship with my siblings and I could give a rat’s azz what they say about me.

I won’t get any sentimental items either and I have accepted it. Long story and I won’t go into it.

The question becomes how far do you want this to go? What are you obligated to do legally? What can you convince your mom to do? Sounds like she babies and enabled your sister.

I lived through my mom showing favoritism and enabling siblings and I was the responsible one too. Me? I threw in the towel. Wasn’t worth it anymore. I surrendered. Went no contact.

I don’t have any right to tell you how to feel or what to do. I respect your feelings whatever they may be. I wish you the very best in finding the right solution in this messy matter. Good luck.
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SE, what are the plans for selling the house? You wrote:

"The house doesn't even need to be sold. We agreed that I would live there for a couple years and then probably have to sell it."

To qualify for Medicaid the home, if rented, has to be at market rates. When sold, has to be at market price. I suspect Medicaid may question you living there and not paying rent. That could alone disqualify mom from receiving Medicaid.

This is especially puzzling. The home is mom's largest asset, most likely and would pay for facility for a year or longer. You could argue that you are helping the situation by lowering insurance cost if home was not occupied. It will not fly. And you want to clear the home so you can live there?

My former home was not occupied for period of time following the years I cared for mom. Long story. My insurance went from $1,400 a year to $4,500 a year! The home needs to be prepped for sale and sold to pay for mom's care. Yet you are arguing and engaging attorneys on mom's dime to continue the fight over stuff? Doesn't make much sense.

The concern over stuff? Is there concern over the cost of rent?
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Sadexecutor Mar 2020
We wanted to hang on to the house in order to have a few more family gatherings. Mom has fantastic long-term care insurance so it really isn't necessary to sell at this time. However,I have thrown in the towel on this idea and we are moving on with an estate sale and selling the house. I am mentally exhausted and tired of dealing with it. My sister has exercised her power of attorney minimally. I have done all the work for 4 years. I'm just done with it.
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This seems more like one sister wanting to take revenge on the other sister and the lawyer is laughing all the way to the bank. Give her the stuff. Maybe she needs to sell it for money. So what. You are acting so high and mighty. Stop being difficult. Life is too short
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gladimhere Mar 2020
And so what if sis doesn't have room in her house for the stuff. That is sissie's problem. Not for SE to decide or judge.

I don't see a conundrum. It is easy if mom is the priority.

Why would storage come out of mom's funds if these are things sis wants?

Let go of the wanting to teach sis a lesson. She is too old and it will not work. Only create more friction.
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Yes, let sis just take it to her home. You don't care about it, so be done with it. Settle the issue, the longer it takes, the more the attorneys are going to make.

Been there.
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Sadexecutor Mar 2020
Yes I have thought a lot about this and read tons of advice on my question. The attorney WILL be laughing all the way to the bank and it would be stupid of me to allow my mother's money to be wasted on an attorney over a bunch of stuff. I think it would be best to just let sis take what she wants and pack her own home full of it. I am not going to waste my mother's money on a sibling argument. I know that my mother would insist that we share but she has made it difficult because she is a hoarder. Not of junk but of many many nice things. She did specify things in her will but my sister is now saying that Mom knew that she wanted these other things. All I can do is roll my eyes at this point. We are meeting with an appraiser and estate sale company today.
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Choose your battles. Spend your life practicing being at peace with yourself.
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NO STORAGE! Try to be open to what sis wants? Remember this is about what mom would want. Would she want sis to pay for those things? The value that an appraiser will place on things is pennies on the dollar. Don't make a big deal of it.

Twisted sissies decided to put items into storage with the intent of getting it out, SOMETIME. That was four years ago now. Things finally out of storage last August. How much was spent on storage over that four years? More than $25,000.00! Four years later TS was claiming no value to any of the items!

Out of sight out of mind. Try to be reasonable and do as mom would do.

Distributing household items do not need to impact Medicaid eligibility only if they are appraised then sold for less than appraised value.. Imagine the Medicaid back up for applications if household items were to be scrutinized! You don't want to open up that Pandora's box.
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Davenport Mar 2020
You repeated me, gladimhere. Thanks.
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My cousins fought about their deceased mother's material possessions. They never spoke to each other EVER AGAIN! Then one of them died.
Good luck and prayers to you.
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Sadexecutor Mar 2020
My my sister is also an alcoholic. I already saved her life once. She continues to drink and will die of some sort of alcohol poisoning. I am already prepared for this. She is mean and hateful and drunk and will die that way
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I may have missed it somewhere in this thread because a lot has been said and written about themselves but (1). What did attorney say? (2) Is your mother lucid?
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Sadexecutor Mar 2020
We we had a meeting with the attorney. She got mad and walked out. He tried to call her later that week and explain that she could not take a bunch of my mother's things. She got mad and hung up on him. The entire weekend she bad-mouthed me all over Facebook telling people complete lies. It was totally embarrassing. It's now been over a week. I moved forward with scheduling and appraiser and gave her the date of when he is coming. She states she wants to be there so we'll see what happens
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Oh no you don't! - have to live with your siblings, I mean. But escaping from them (if you hope to escape in due course) with as little scarring as possible is worth a lot of compromises, I agree.
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Sadexecutor Mar 2020
My plan is definitely to escape this relationship. She has been disrespectful to me all my life and this is just the icing on the cake. She has her own personal issues and when she's unhappy she wants everyone else to be unhappy too.
My freedom is definitely on its way
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Have a cordial meeting at the house & decide amongst yourselves what you want to keep. Then get house ready for sale. Forget storage fees ...that’s ridiculous. Just do it amicably because you have to live with your siblings...& tell Atty to go f- -k himself . That’s my opinion. But if you want to pay years of storage fees as well as Atty fees, be my guest! Hugs 🤗
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gladimhere Mar 2020
Agree! Having been there. The more SE wants to bicker with sis over this stuff, JUST STUFF, the more the attorney is depleting the cash. Is 10 cents for that cookie sheet or $50.00 for that T.V. really going to make a difference in the whole scheme of things?
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Reading answers here, makes me wonder what legally can be done to a POA who steals everything, even the will so there is no copy to question him. My brother did that to me and another sibling, took all the money, while our mom has been in a nursing home for dementia, and then called Habitat for humanity to clean out the house and never told us. Then he called us and said he was thru with the POA and we were to take care of mom as he was thru with her. She was 3 months behind on the nursing home among other bills. Called APS on him and his elder abuse and the state only scolded him and left me and my brother to get her into a medicaid facility . This kind of elder abuse happens all across this nation thru the laws of POA and not much siblings that are left out of decisions can do. I asked my deceased dads attorney for just a copy of his will and they refused, so you here who are quibbling over stuff , remember there are litterally thousands of people like us, who never had a chance at looking thru anything that might have been left behind. Even went to the probate court to search public records but my brother never did dad's bidding to record the will, so as far as we know it doesn't exist.(I did see it 10 or 11 years ago while visiting my parents) I have visited a few detectives with the county, but they are so swamped with real crimes, this type of crime seems victimless to them.
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Give her what she wants... and be done with it. Attorney or no. Family is more important than squabbling over trifles. Lawyers just love to make big money especially in times that are the toughest on those who are left behind after a loved one is leaving us permanently. No sense in making things worse. When my Dad died my mother whose dementia was manifesting much worse since she dropped to a new level of it-- well, she dumped all his thing-- took them to the thrift shop she was so angry he had "left" her. That included his military uniforms with all the brass I used to polish for him. Gone. But I forgave her and took care of her for 20 years before she graduated to heaven. Sometimes you gotta just let it go. Good luck. As Jesus said, forgive them, they know not what they do. And your sister will figure it out someday and ask your forgiveness.
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Davenport Mar 2020
Oy, Duggan; I personally agree with giving the money grabbers what they want--but NOT that family is more important (in my case). It's my personal, ethical, spiritual choice to not fight over material sh*t; but I have no family left, emotionally, so nothing to try to salvage. Let the sad humans (whom I'm related by blood) scrabble for it. But as far as substantial $$, I might (when the time comes) spend some $$ for an attorney for my share: I'd rather inherit my mom's fair share to me so that I can pass it on to fellow beings in need, instead of letting the grubbing relatives buy more s**t for themselves. The 'stuff' is all legally mom's. My dad is turning in his grave : (
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Have attorney contact her.
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Davenport Mar 2020
Yes!! Thank you!
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I’d move forward without her. In my opinion she is not holding up her fiduciary duties, and you are just trying to mitigate loss. Since you stated not liquidating home is costing money.
I went through probate after my parents passed (different then your current situation). However anything my siblings and myself wanted from the estate was deducted from their final inheritance. My sister wanted parents car, well she got it but she paid fair market value and monies came from her portion of her inheritance.
Im not an attorney, so I leave you with Caveat Emptor. & Good Luck
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Davenport Mar 2020
In my opinion, I'd do NOTHING outside of the law (yes, that means paying an attorney) were I in Sadexecutor's position--Sadexecutor already has a rat's nest without taking any more steps without guidance.
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I would speak to the attorney and find out if he/she has ever dealt with a situation like yours. Is your mother able to remove your sister as POA or is she not capable now? You can remove yourself if it is causing you this much stress and sissie can handle the whole mess. An attorney worth his salt will advise you. If all of this is about money, well you would be bringing on your own stress for the money. Dump your POA status and live your life. Put the responsibility on sissie girl. Then she will be responsible for Mom’s finances. Are you willing to do this?
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In our case it was Lionel trains that 4 (out of 5) grew up with. It got so bad that Dad declared they all went to 1st grandson. Brothers, who were all married at the time while I was not, thought that was reasonable. Fast forward 20 years & I had the 1st grandson while the brothers were done have children — all girls. I had only boys & it caused a rift.

Then during a meeting to update parents’ wills, youngest sister (who never played with the trains growing up & wasn’t interested in them) let it slip that the 3 brothers got together & agreed the trains would go to the 1st great grandson. Dad almost had a stroke right there in the lawyer’s office. He insisted it be put in his will that I would have first right of refusal for the trains.

When we moved into a larger home with room to set up & keep up the train set, Dad wanted me to take them “to settle it once & for all” (his words). We did not because 3 boys in 4 years, with the youngest being 4, & both parents working FT was stressful enough. Toss in an expensive & well-preserved train set & it would have pushed me over the edge.

Then I forgot about them until Dad passed and I still was reluctant to take them. Sister tried to ignore the “first right of refusal” clause in the will, claiming Dad verbally changed his mind. Lawyer who she was working with to execute the will was the same one who helped write the will & vividly recalled the conversation. I agreed to leave them in mom’s attic for another year & would decide then, as so many other areas of the house needed purging. During that year, youngest (& most vocal) brother cleaned out the attic & took them all. I think my husband was more upset about them than I was. Obviously I no longer cared about them.

Fast forward 3 years & he is now going thru a divorce. During that time, his soon-to-be-exwife invited me over for something or other when he was out of town. When I got there, she took me to the basement where the trains were stored, suggested I take them while I could, and told me how he specifically took them so I couldn’t have them. I declined.

He took them 12 years ago & he still hasn’t set them up. I found 2 engineer hats in my attic & gave them to him for his great grandchildren if he ever does get around to playing trains with them. Obviously, I had moved past wanting them.

It is amazing how sibling rivalry morphs into fights over materialistic items. In my husband’s case, it was a snowblower.
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marymary2 Mar 2020
Unreal - (though totally believable as I've had a similar experience. Yes, moving past wanting them is what we have to do to remain sane!
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I guess you have to ask yourself is this worth the fight...is it worth losing the relationship with your sibling over?   I would have everything appraised and work up a list with their value and send it to her.  The value may be very low and once she sees that, she may not have a problem with it being deducted from her inheritance.  More than likely you're going to end up doing all of the work yourself without her assistance and at the end of it all, you may not care how she feels about anything.  That is where I ended up after my brother refused to help and I had to empty moms house, sell the house and the car and move her into assisted living without him lifting a finger.  It forever changed my feelings about him.
I wish that families would have an open conversation while the person is still alive and coherent.  If you want a picture or an ornament or a ring that really means something to you, then ask if you can have it and that it be specified in the will.  Have all of your children in the same room at the same time having the same conversation so that everyone knows what is going to happen.   I know it's hard for some folks to think about their own demise and who gets their possessions after they die, but it would save families from fighting and falling apart.   Hind sight 20/20 right...

I plan on asking my daughter what she wants of mine and giving it to her while I am still capable of seeing her enjoy it. 

Good Luck sadexecutor.  You've got a long road ahead of you.  I hope your sister calms down enough to help you with all of this and realize what is important.
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Edit to my response - just reread and it appears mom is still alive, so none of this stuff belongs to kids yet. Can mom make decision to sell her things or to say who she wants to get what? If so, talk to mom and record the session.

Original reply: Cannot help but ask - do other siblings want the things that sister is asking for? If not, why deduct them from inheritance money? If it's just to keep everything totally equal, perhaps there are things that are sentimental to her that you can't really put a price on. And an appraisal is really a guestimate of a price anyway. Appraiser can say the old player piano is worth over two grand, but finding a buyer in your area for that same piano may never fetch close to that amount in selling it.

Maybe sweeten the pot and make an estate sale easier for everyone. Have siblings make a list of things they want out of the house and send to you. Then look only at items that more than one person asked for. For those items only, make a list to return to siblings. You might put estimated values only on these items. Tell them, more than one of us wants these items, so prioritize all of these things in the order of importance to you. If everyone wants the $10,000 diamond ring that has been in the family for years and it is listed as #1 priority for everyone, maybe it would be listed as an item that will be used value-wise when determining total inheritance shares. You might find that you could distribute much of the belongings without having to consider value (the old rocking chair to sister, the old bedroom set to brother, etc). Whatever is left over goes to the estate sale. -- Maybe just another approach to moving the belongings.
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You can decrease the homeowner insurance to only be the dwelling once its empty. Same type of policy owners of rentals obtain.
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worriedinCali Mar 2020
Actually it’s common for the cost of home owners insurance to be increased significantly when the house becomes unoccupied.
even if there’s nothing in the house.
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move forward... Its ridiculous how family can be so selfish at this time. Its been 5 months. Who has footed the bill during these 5 months, utilities, taxes, insurance, etc. Doesn't matter. I am sure the attorney is not including personal items, keepsakes that the family should be given. Its not like the attorney is privy to all items in the house. Set aside a few items for each family member, quiet is kept and move forward with the sale.
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Unfortunately your Sister has cut herself off; you need to be clear before you move forward that you are acting in a legal manner. Therefore you are required now to spend the money in your Mom's estate, some of it at least, in managing that estate. You will have to involve a lawyer; there is not other conceivable way to keep yourself safe from accusations and even court actions. Which of you have financial POA and is paying the bills, on the house, utilities, care and etc. That will be important information to have. You have not mentioned competency where your Mom is concerned. She needn't be FULLY competent in every way to change her POA with a lawyer present. She needs only to be competent enough to understand that you are trying to settle parts of her estate in order to provide for her care ongoing, and your other sister has withdrawn from acting in her behalf. Good luck. Hope you will update us. So sad for an elder when it comes down to sibling wars at the end of life. You have named yourself "sadexecutor". Does this mean your Mom has passed away? Because you mention her being in ALF, also. You are not executor until the death of Mom. I am assuming you are POA with your sister now? And executors when Mom dies?? Did I get it wrong?
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worriedinCali Mar 2020
There’s already a lawyer involved Alva.
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MaryNTN said: "An unoccupied house may only be insurable for a certain length of time."

This is likely true. I found out from mom's insurance provider that they wouldn't cover unoccupied homes. IF you are living in it, problem solved, but you said it's been unoccupied since October. Since it could take some time and wrangling to resolve issues, you should inquire with the insurance agent. If they say it's not covered, you need to find another agent - we paid for the year, but once the place was sold, we got a refund for some of it. You really should look into this - if anything happens to the house and contents, then all this wrangling will be for naught.

Now, for the squabbles:
Since your mother is still alive, TECHNICALLY everything is STILL hers. I would be more concerned about Medicaid. IF anything has any REAL value (genuine antiques, not something you THINK has value), you need to beware giving/taking any of these items unless you each pay for them and use the funds for mom - if you're getting items appraised, then you should each pay for them and put the funds into an account for your mother's care. Your mother isn't dead yet, so TECHNICALLY neither of you can "inherit" ANY property. We donated or disposed of most of mom's things, as there was no real value. Sure, older furniture, but for the most part they are all a dime a dozen. Wait for the appraisal! My brothers each took some items, I didn't want much of anything, but OB brought a lot of what I consider junk to my place instead of disposing of it! Now I have to get rid of it!
"Generally, though, the government considers certain assets (usually up to a specific allowable amount) to be exempt. Any cash, savings, investments or property that exceed these limits are considered “countable” assets and will disqualify an applicant." from https://www.agingcare.com/articles/asset-limits-to-qualify-for-medicaid-141681.htm

Putting items into storage might deplete mom's assets, but it might be the only way short of going to court (storage would likely be less expensive) until you both resolve the issues. Clearly the mediation isn't working, so unless one of you backs down, court may be the answer - beware the cost of that vs anything of value, and the court could say boo to you both and appoint a guardian, then you each get NOTHING.

"...plus $$$s in furniture and collectables."  
Unless the furniture items are truly antiques, don't expect much from them. "Collectables" - are you talking things like Hummels, or similar items? Those, in general, are not worth what was paid for them. You can look them up yourself. My cousin found this out and I have looked up the value of various "collectables" - don't waste time on this crap. Might be wise to wait for appraisal of items. You might be pleasantly surprised or you might be seriously disappointed (the Xmas decos might have some personal value, maybe you could take one or two that you feel represent your memories and hand the rest to her?)

NOTE: "My mom was a collector of many beautiful things and her Will stated that everything was to be shared."
Again, many collectables are not worth much, BUT EVEN MORE IMPORTANT - your mother is NOT dead yet, so what the will states has NO IMPACT on anything!

Final thoughts:
IF these items are really worth something, how much of that "worth" is being lost to wrangling, using the attorney as mediator? Is ANY of this really worth fighting over?
As for weighing how much work/effort/time was spent cleaning up, organizing, etc, let that go as well. It generally always ends up being one or two who do all the work, while the others skate and/or complain. I spent over 1.5 YEARS cleaning, clearing and repairing mom's condo, plus the time working with realtor/sale, while 2 brothers spent very little time helping, mainly with the big items I couldn't move.

Get over/past it. It ISN'T worth it in the end. As George Carlin says, it's just "stuff." https://www.youtube.com/watch?v=MvgN5gCuLac
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commutergirl Mar 2020
insurance can be changed to be dwelling only like rentals
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Do what the lawyer says. Dont let the house sit. My sister lied to me and left house sit 8yrs. Told me she was POA and executor of the will and she will handle it. Found out she was neither. Went to court. No will.
You should listen to your lawyer and get going on this. Do not let house sit vacant with valuables!!!!!!
The neighbors were dumping their trash on the property all that time and stealing anything not nailed down. I had to pay thousands to clean it up. She let the heat get shut off yrs ago. Ruined the floors, and beams in basement that held up house are crumbling. A house with no heat gets damp in about 3 days. So now its 8yrs. House is toast. Cant be fixed. All because she didnt feel like dealing with it. She stole valuables and left country.

Do not let this go on and clear your moms house. Your sister can be a part of the solution or she can go sulk. Let her. At least you can salvage your moms property. Dont let neighbors find out she is gone or they will break into the house. Get moving on this right away! Time is of the essence. The neighbors will start watching your comings and goings. Dont even trust a friendly neighbor!!!
Just ignore sibling and get moving. Or you will both have nothing left. She will come around when items needed to be sold off for moms care. Or you will take care of it. Get that house emptied ASAP!!!
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