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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 42183
Experience:  Texas lawyer for 30 years in Estate law
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My father is incapacitated and in assisted living. The house

Customer Question

My father is incapacitated and in assisted living. The house he lived in is being sold and I have to move his personal items into storage and/or sell them. I took an inventory of items and found that there were personal items that are no longer in the home or in his possession at assisted living which have both sentimental and financial value. There has been no forced entry to the home that I can see and the items were all there when he left the home. One of the items is willed to one of my brothers. I have two other siblings and we don't get along. I am the DPOA. What do I need to do?
Submitted: 2 years ago.
Category: Estate Law
Expert:  RayAnswers replied 2 years ago.

Hi and welcome to JA. I am Ray and will be the expert helping you today.

Since you inventoried the property here you should file a police report since the items are missing.It may well be that they were stolen by family or someone else , either way this protects you from liability in this situation.

If the item cannot be located by the police then when your father deceases it goes unfulfilled as far as the will.The bequest would not be able to be carried out again assuming it is not recovered.But get a police case number ***** always possible it gets recovered somewhere someday.

But a police report here protects you against anyone claiming you did not try to recover the item.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Customer: replied 2 years ago.

What if I reach out to the siblings first and find that they have taken the items including the item that was willed. What should I do?

Expert:  RayAnswers replied 2 years ago.
Tom in that situation you just note it on the inventory you made of tiems and list it as being with the person it was willed too.That resolves it assuming they admit to it.You just want to make good record here and if they don't claim to have it you file a report.You are just trying to protect yourself as POA here.

Thanks again.
Expert:  RayAnswers replied 2 years ago.
Tom if you can leave a positive rating when we are done it is always sincerely ***** *****