Tuesday, June 4, 2013

Repercussions


Some of you may recall I fell heir to the role of estate administrator for a friend who died in December. The experience has been interesting to say the least. And challenging!

First it took a month of trying to learn the deceased’s attorney was not interested in playing any role in the estate. Through thoughtful referrals a specialist estate lawyer was engaged and the process began!  By the end of month 3 the Probate Court had named me administrator, judged the estate intestate (without a will), and provided me the authority to manage the estate.

In the next month I acquired an estate checking account, forwarded the decedent’s mail to my home address, filed an insurance claim to repair damage made by raccoons and the suicide of the decedent. The fifth month witnessed removal of clutter, trash and non-valuable goods along with destroyed carpeting, wall board, bed and bath demolition materials – you get the picture.

Eventually an inventory was performed on contents of the home with a stab at establishing an estimated value of the estate. Finally, more death certificates were ordered, bills were paid, other financial obligations researched and better understood. Three years of property taxes have yet to be paid but transferring investment account balances into the estate checking account will make those payments possible this week. Hopefully.

Meanwhile two people live in the home as originally invited by the decedent. Both were unemployed and homeless. Being a generous and lonely man, the decedent offered his home temporarily for both of these individuals – a middle aged man, first; a middle aged woman, second. Both came with health and emotional problems.

The man is a disabled tradesman and one-time building contractor. To earn his free rent he agreed to supervise the home’s mechanical operations, repairs and pending insurance claim to rehab part of the home. Meanwhile he moved household contents so work crews could do their work unhindered. He also removed years of accumulated junk from the basement, closets and garage.

The woman posed other challenges. The two ‘tenants’ do not get along and I refused to be their referee. An unhappy home became even unhappier. She began to drink again and to over medicate her existing ailments. Two weeks ago she came home very drunk and stumbled to the family room couch whereupon she slept undisturbed through din of construction and clearing operations.

The next morning I planned on taking the legal step of evicting her. Before I began that process, however, I received word that she had attempted suicide by drug overdose. A close friend of hers received her phone call telling him of her actions. He called police and in turn an ambulance arrived to keep her alive and transport her to hospital.

The following day I followed through in seeking an eviction of her from the home. This would provide her with the stimulus to find a healthier living environment, simplify the estate’s management and get me back on track to finalize liquidation of the estate’s assets to satisfy heirs, tax collectors and the desires of the decedent.

The grief the eviction process has stirred has totally refocused the problem on me and why I would threaten her sobriety. If that sentence offends or surprises, imagine my reaction.

Sobriety was abandoned by the patient herself. Both medications and alcohol were used in plenty. This had nothing to do with me or my role. Her sobriety is her responsibility not anyone else’s. Pure and simple. Is the current household capable of meeting her needs? Not at all. It is a huge problem that she needs to remove from her life. Her housing and treatment needs must be managed by her or an agency with proper credentials and resources.

My job is to safeguard an estate and its assets so that the value can be spread to pay off obligations, and produce net values to be transferred to the rightful heirs. The Probate Court will supervise my performance and guide me along the way. An attorney is on retainer to help me do those things.

Care and nurture of a temporary guest in the home is not my responsibility; restoring order to the household is my job so estate work can continue.

But first I guess there is drama to be survived. I’m hoping the eviction judge will understand later this month for the safety of all concerned. One can only hope. I’ll let you know what happens as it takes shape. Meanwhile, pray for all concerned!

June 4, 2013


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