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Who Owns and Gets All the Stuff in the House?

Believe it or not, disputes over personal property are often the strongest. A lot of estate and trust attorneys will tell you that people fight harder over “stuff” even more than money. Don’t get in a rush. The answer to who owns and gets all the stuff in the house is often not who you think it is. Sometimes, after a death a house can be owned by a different person or group than the person or group who owns the stuff in the house. The bottom line:

1.) A Will should say what happens to the tangible personal property (the personal property you can see and touch –household furnishings, antiques, clothes, jewelry, household goods, kitchen items, etc.)

2.) If there is no Will, and you are a friend or family member of the deceased person, you need to meet with an experienced estate attorney as soon as possible once someone dies, and make sure nobody removes ANYTHING from the house until it’s clear who owns what.

3.) If you’re named Executor, it’s wise to re-key a house’s locks once the estate is opened at court and you are formally named Executor or Administrator. It sounds like overkill, but it’s a smart move, especially if there are a lot of family members or if caregivers have been coming and going from a house. Your job as Executor is to take care of the personal property – and that includes the stuff in the house – and not be in a hurry.*

*Article by CBC Law Group