Household goods can hold tremendous sentimental value as well as monetary value. It is important that they are properly dealt with. I recently met with Charles (not his real name) at my law office in Stittsville near Ottawa. His elderly sister had died while visiting him in Stittsville. Charles knew that she never signed a Will. She was single and never had any children. Charles also had a brother who was estranged from the family and had been for quite some time. There were no other living relatives. Charles’ sister lived alone in a house in the west end of Ottawa.
Charles understood that, if his brother agreed, he could apply to court to be appointed the estate trustee without a Will (executor). Until that happened, Charles had a couple of questions about the contents of his sister’s house:
“Do I need to take inventory of the contents of the home and have these items appraised for the purpose of providing a value for the court application?”
I explained to Charles that, yes an inventory was necessary but that not all items need a formal appraisal. For example, used clothing generally has little value. It would be helpful to be to take photographs of the contents of each room. Open drawers and closet doors, boxes, etc. so that contents are clearly visible. Appliances that would normally be included in the sale of a house need not be included in an appraisal of contents, such as a fridge and stove. There are several reasons why an appraisal is important. As you know, for purposes of the Application for a Certificate of Estate Trustee (sometimes referred to as ‘probate’), you need values to corroborate how you calculated the amount of estate administration tax or probate fees. However, appraisals may also be useful for income tax reporting purposes and for distributing assets among beneficiaries.
“When can I/we begin removing items from the home?”
I cautioned Charles that as he was not yet the estate trustee (executor), he didn’t actually have proper authority to do so. However, given that the house is unoccupied and that the estate assets should be protected, it may be prudent to remove any valuables including items only of sentimental value and keep them safe at another location. I told this that if for some reason he was not appointed estate trustee, he would simply turn those items over to whoever is appointed.
If you are or may be acting as an executor and have questions concerning the deceased’s household goods, make an appointment to meet with one of our lawyers today. Because of the sentiments often attached to them, household goods can sometimes become cause for dispute. It is important that you properly fulfill your executor’s duties and responsibilities especially if such a dispute should arise.
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Blog posts pre-dated December 1, 2015 were originally published under Neff Law Office Professional Corporation.
