Q: My mom passed away 8/1/2017 without a will. There are only 2 dependents, my brother and I. She was divorced.
I have filed all required forms through Probate and have a hearing on 9/20/2017 to be appointed PR. In the meantime, are we allowed to clean out her home of trash and expired food prior to the hearing? Can I do anything with her personal belongings?
A: By the details in your question, it sounds like everything will be split between your brother. To the extent that you two are not feuding and otherwise working together, you can certainly go ahead and clear the house. For personal property, you'll want to note anything of significant value separately, and a general estimate of everything. If the estate cannot be dispensed by one of the simplified statutory provisions, you'll need to disclose these estimates on the inventory form. For distribution purposes, it's the value that's considered, not so much each person receiving the same number of items.
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