Tips for Avoiding Family Feuds When a Loved One Dies
Personal property, which includes jewelry, dishes, furniture, books, tools, computers, pictures, paintings and collections, often cause many more challenges than assets objectively worth far more. Personal property is more likely to have sentimental value and meaning to the beneficiaries far beyond its cash value.
In my family there were arguments, bad feelings and estrangement over who took glass milk bottles. I have seen litigation costing tens of thousands of dollars start and stop with the dispute and resolution of the distribution of photographs and figurines, worth perhaps a few hundred dollars. I have had sixty-year old siblings get into fistfights over dishes.
Personal property can cause nightmares for a Trustee charged with gathering and protecting assets of the estate. Personal property rarely has a paper trail showing who owns it. It is often small and easily transported. It is unusual for there to be a written record of everything in an estate before the Trustee makes one. Family members, often with a feeling of entitlement, will take personal property before it is recorded. Such property is said to “grow legs” and wander off.
Disappearing property is a problem that can tear families apart. For example, say that one child takes a distinctive necklace from her mother’s jewelry box without telling her siblings. The siblings are angry when the necklace cannot be found. Pictures of their mother wearing the necklace are produced to show that it hadn’t been sold or lost. Now the family is upset, suspicious of each other and distrustful. Future disputes become more difficult to resolve and are more likely to lead to fights. The necklace itself can’t be worn for fear of it being seen. (This is especially true with the prevalence of photographs being posted on social networking sites like Facebook, MySpace and GooglePlus.) Add the emotions of a parent’s death and you have a situation rip for an explosion.
Tips to Avoid Personal Property Issues:
- Trustees should act swiftly to secure valuable, sentimental or financial, personal property.
- A quick trip through a house with a video recorder can help create a quick record.
- Include more than one person when opening and inventorying safe deposit boxes and jewelry cases.
- If a reception is to be held in the deceased person’s home, moving valuables to a locked room can prevent wandering property and subsequent problems.
- I encourage Trustees, when possible, to distribute personal property quickly. It removes liability from the Trustee and often helps reassure the beneficiaries that things are progressing smoothly.
Managing personal property is just one part of the complex job a Trustee undertakes when administering a Trust (or a Personal Representative during a Probate), but it can be a critical in setting the attitudes and expectations of the beneficiaries for the rest of the process.
Michael E. Garner
Cornerstone Law Center


