Q: Re: Transfer on Death Deed: When there is a transfer on death deed and one party (non family) is the new owner..
of the home, yet the family is to inherit all of the contents of the home, how is the personal rep (family member) able to secure these items as part of their responsibility to the estate? We have found that the new homeowner has been sorting through items that belong to the family and in some cases removing them from the house. We understand that this person is not technically "trespassing" since they are now the new owner, however, what steps can the PR take to ensure that they understand that they are acting illegally by handling items belonging to the estate? The PR is working to get the property cleared but lives on the opposite coast. It may take a bit of doing. The PR's attorney is not seeing this as the serious issue that it is and presented no options. The PR is unable to do her job under these circumstances. Would the court possibly see this as a special circumstance, asking the new owner to remain out of the home until cleared? The owner's intent is to fix up and sell only.
A: I recommend the PR work to improve communication with his/her attorney. If necessary the PR could hire a crew to empty all of the decedent's personal property into a storage unit to get the PR more time to go through the items. The Transfer on Death Deed does not include the decedent's tangible personal property. The Court has no authority to keep the new owner out of the house but it does have authority over the personal property. However, in my opinion the PR and the attorney should be able to work this out with the new owner without having to involve the probate Court.
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