My mother was renting an apt. and is now (since last week) in an assisted living facility. We moved all of the furniture she wanted and could fit (and anything else she desired) into her new unit.
My brother is the Executor and POA for health and is a Lawyer. We do not have a great relationship. Oh, and my mother has dementia.
He has told me, as his only sibling, that everything left has to be put in to storage until she passes. She is not close to passing yet.
I am 61 and while I have been willed her furniture, there are only a couple of pieces I want and could use now. My nieces are aged 19 through 25 and have no interest in her furniture.
I don't understand why I can not take the few pieces I could use now instead of waiting until she passes. He means everything, including pots, pants and everyday cutlery.
It bothers me that he taking this road and choosing to put everything in storage and have the Estate pay.
I am in Canada. Thoughts? Experience?
It might help to know what your brother's intentions are.
Executor does not come into the picture until after death. Your brother needs to hold Financial POA to handle Moms stuff now.
If your Mom is competent to make decisions the POA cannot override her. Ask her if you can have a couple of pieces now.
He must not realize storage fees can quickly add up
If this, then this. Guess she wasn't expecting dementia at the time. Poor lawyer that didn't ask the right questions. My mother is an odd duck.
Who has POA for Mom's finances? That person IS able to sell her possessions for her benefit, i.e. paying for the nursing home. It's also irresponsible management of Mom's finances to pay hefty monthly storage fees for belongings she'll never use again. If your brother doesn't have POA for finances, he gets zero say in this.
Of course, being a lawyer, he's going to charge the estate for every second of his time as executor, but make sure he's not charging lawyer-level fees. Twenty-five bucks an hour is about the going rate, not what a lawyer charges.
He is the POA for finances and eventually, executor.
My mother is such a control freak that her Will states that nothing can be sold- only given to whom she states are to receive at the time of her passing. If no one wants some of her stuff now, who will want it in 5 years or more?
As I mentioned, her 4 Nieces aren't interested in her stuff, much of which is lovely, but not their style. My brother and wife are selling their house in the Fall to downsize since they are down two kids and the other two going to University-so no room to store.
Otherwise, see if you can find out the storage place and unit number and how to know if it is going up for auction for nonpayment.
I could see her wanting her stuff stored for when she could “go home,” but unless money is no object, her POA or guardian needs to know better that to pay to store an apartment of stuff, when only a closet full is not easily replaced for less than the storage fees.