Q: My deceased fiance lived with me in my house. Can I legally remove her property to storage so estate rep. can access?
I am sole owner of my house and the personal representative of the decedent's estate (her sister) is trying to access my house to identify and obtain jointly owned property that I am not releasing to her. I have packed and disassembled property belonging solely to my fiance and want to move the decedent's property to storage and provide rep. with key, pictures and listing of storage contents so she does not have to come back to my house. I have secured movers to come this Saturday, and I also paid the first month storage rent. It is disruptive to my household and children to have the rep. coming to my house. Can I legally do this? I have not had adequate time to even grieve because of the constant texts and emails asking for stuff (most was purchased by the decedent and me as we replaced or added to home furnishings).
A:
That sounds like one reasonable way to accommodate the Personal Representative but BEFORE you provide access to the things, I'd verify the Court has actually appointed the sister as Personal Representative by asking to see the letters of authority or other court orders.
Frankly, you're being a tad generous by paying the first month's storage, but that is a 'nice gesture' in my book so even though it is more than you need to do, I think it shows some class.
Jointly purchased property can be a 'sticky' situation, so it would be in both your and your deceased partner's estate's best interest to work through the disagreements, as you may have 'proof' problems if the estate can show she paid for things you didn't turn over. Seek local legal help if you have questions or concerns!
And your instincts are spot on -- document what you turn over with lists and photos as best you possibly can!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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