My mother will be going into a home shortly. Besides her physical state, her mental state is not good. She is married to my step-dad. Her home, and all of it's contents are owned by her estate. The only things that my step-dad owns in the home are his personal belongings. My mother was/is a hoarder. There is sooooo much stuff in her home. The executor of her estate told me that when she goes into a home, then he'd like to get started on removing the excess from her home........and of course keeping whatever needs to stay so my step-dad can live there. Once my mother passes, then my step-dad, per the estate, is allowed to stay in the home for six months then he needs to leave so the home can be sold.
A friend of mine says that the executor of the estate needs to get my mothers permission before anything can be removed from the home. Well, ok, but here's the deal. My mother is not in her right mind. My friend then said that the executor of her estate then needs to go to my mother's attorney and ask the attorney about this.
I don't get this. If everything in the home except her husband's personal property is owned by the estate, then why couldn't the executor go into the home and at least get started on the process??????????
It wouldn't hurt to confirm this with your mother's attorney.
I also want to share a concern about your stepfather's living arrangements after your mother passes. We never know when that will occur, and six months may not be enough time to give his needs attention as you'll also be dealing with your mother's death.
You might consider researching placements for him now, meeting, questioning, and identifying one or two so that when the times comes you can move more quickly before the 6 month period passes. That way you can also participate in the decision making.
There's also a concern I have as to who would in fact handle this placement. The executor will handle your mother's estate and would be obligated to ensure that the six month compliance is effected, but who will be representing your stepfather? Has he executed a POA or DPOA that would give you, or someone, authority to act on his behalf?
It's not the executor's obligation unless there is specific wording to that effect in the Will, but on the other hand, it's your mother's will, not your stepfather's. So I do question whether or not the Executor would have capacity to find a placement for your stepfather. If not, then who will?
Sorry about your mom, it's hard.
There is merit in pre-cleaning the house, but it also allows a lot of authority to someone who at this point doesn't really have the option to exercise that authority.
Note: there might be State laws that Step-Dad is entitled to receive the house after your Mom passes on.... something to look into now before other arrangements are made. How long have your Mom and Step-Dad been married? Some States use the time married as a guide.
When you mention executor, do you mean Trustee of Mom's Revocable Trust or do you mean Executor of Mom's Will? If it is for the Will, then that person cannot do anything until Mom passes. While Mom is alive, it is up to who Mom appointed as her Power of Attorney if Mom cannot make decisions for herself.
Whenever a person has issues with seeing, do NOT, I repeat do NOT make any changes inside the house. A person who is blind need to have everything in the same place so that he can find what he wants.
I noticed that with my Mom when she was eventually legally blind. Only she could put away the groceries, and no one else. Mom was still pretty sharp being in her 90's so her brain was mapping where she put everything. Any changes in location of an item became extremely difficult for her. Like the final lost of independence.
Now since your Mom was a hoarder, I can see removing items from rooms that your Step-Dad does not use. And maybe widening the trails throughout the house.
My family swarmed my Mamaw’s house by the time she was settled into the nursing home. Cleaned her valuables out.
Here is what I did as POA. First, Mom had nothing of value. I put the house up for sale which my POA allowed. Then I started getting rid of things my Nephew Didn't need to live there. I gave most of it to Church yard sales. SIL came and took what she wanted. There are 3 of us the forth has passed. I got boxes with storage lids and divided up pictures for each child and anything that pertained to them, like old high school stuff. Paperwork got sorted, some kept some thrown away. I see no problem in getting into the house and clearing out what was hoarded first. Then you can look at what's left. Leave what stepdad needs to live there. Executor may want to store what maybe worth anything until Mom passes. She has to stick by the will.