Anthony S. Park

Does the MTA covid death benefit have beneficiaries, and if not, who should inherit? The MTA is paying a pretty generous amount (about $500,000) to the estate of any employee who passed away with or from covid. The requirements seem to be tightening up a bit, but we’ll see what comes of it.

Have your MTA Covid death benefits been paid to the wrong person?

We’ve had a few of these cases. Although well-intentioned and hardworking, the folks at MTA don’t seem to be experienced with estate issues. They are probably also overwhelmed because Covid benefits are a new thing. Because the benefit is significant, MTA is probably getting a different energy from these heirs as opposed to heirs just looking to claim the decedent’s last paycheck.

For example, Mr. S. was confused because MTA told him they would pay benefit to him. Since he was named as beneficiary on son’s pension, Mr. S. was told that the Covid benefit would go to him, too... even though Mr. S.’s son had a surviving wife and kids.

It seems that the son never updated his beneficiary designations when he got married and had kids. We see this happen often, and it is a main reason why we don’t recommend using beneficiary designations.

In another example, the MTA paid the full amount to Mrs. B., but her husband died with no will and with kids from a prior marriage.  When you die with no will, your estate is supposed to go roughly half to your surviving spouse and half to your kids. Should his children from a prior marriage have received part of the benefit? It was actually the kids who called us to ask this, because dad’s second wife (Mrs. B.) got all the MTA Covid death benefit money.

Does the MTA Covid death benefit have named beneficiaries?

While possible, it is highly unlikely. This emergency benefit only came into existence less than 2 years ago. It’s an automatic benefit, not something employees signed up for, like a pension or life insurance.

If naming a beneficiary is not the case, it’s highly unlikely that Mr. S. being named on the pension carries over to the Covid death benefit in the example above. I can’t think of any other scenario where beneficiary designation from one policy gets automatically transfers to another. That’s like saying, “I named my wife as beneficiary on my life insurance, so she should get my IRA, too.” We ended up confirming that there was miscommunication with the MTA in Mr. S.’s case.

Who is supposed to inherit the MTA Covid Death Benefit?

In the absence of beneficiary designations, death benefits get paid according to the will, or if no will, then according to default inheritance law (intestacy). This has been consistent in our dealing with the MTA. They are requiring proof of a court-appointed executor or administrator before they pay anything to anyone. In our experience, the MTA has been handling this properly, yet sometimes heirs have a misunderstanding.

So in Mrs. B.’s case: If a spouse has received funds and no funds were paid to the kids, either:

1. There was a will that the kids didn’t know about and they were disinherited under that will; or
2. Maybe the spouse received funds not as the wife, but as the executor/administrator. If this is the case, the funds may pay out to the kids when estate is closed; or
3. MTA paid the benefit directly to Mrs. B., even though she is not the executor/administrator; or
4. B. received the check in her capacity as executor/administrator, and she is not fulfilling her duty as fiduciary.

So, with $500,000 per claim, has the money run out? The program still exists, but the MTA is tightening qualifications for the benefit. When we first worked on these claims, “Covid” just had to be on the death certificate. Now the MTA wants medical records, and Covid needs to be the primary cause of death. They now have departments and committees dedicated to determining whether this benefit will be paid out.

If you have questions about your family’s eligibility or rights, please contact us. We've worked on several MTA Covid death benefit claims and have developed relationships with the MTA. We can get this done for you!

If you want to learn more about how probate works in general, don’t forget to check out my book, “How Probate Works,” available on Amazon.

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We often get hired when someone has died, but no one wants to be the executor. Sometimes there was a will with nominated executors who don’t want to serve. Other times there was no will, but none of the next of kin want to do the job. So they hire us as the professional executor.

Being executor is too much work

Most folks who’ve been an executor before avoid doing it again. They know first-hand how time-consuming it can be. Generally, we’re referring to people other than surviving spouse or children. The job is a bit easier for surviving spouse or children, because there is a lot of shared knowledge and possibly even shared assets.

Other relatives or friends who have served as an executor before know how time-consuming it can be. Or perhaps they’ve heard enough horror stories from friends. (Plus, if you’ve heard our prior podcasts, you know how difficult it can be!).

Too old to be executor

Some nominated executors simply feel that they are too old to be an executor. This doesn’t necessarily mean they’re incompetent. Perhaps they were nominated many years ago when they were younger, but now they know that being an executor can be stressful. Perhaps now they are used to low-stress retirement life, and they don’t need any new stress. No need to increase that blood-pressure medication!

Also, in terms of logistics, being an executor requires a lot of legwork, doing things in person, running around town for real estate, waiting in line at banks, going to the courthouse, etc. This may not seem appealing when you expected to relax in your old age. There are also tasks that can be done electronically, and an older person may not be very tech-savvy.

Can I be estate executor if I live far away?

The executor may live out of state or abroad, but it could cause some issues. The main issue is that the executor may be unfamiliar with local customs and laws.

For example, if you are an executor residing in Colorado for a New York estate, you will be bewildered by how NYC co-ops work

Perhaps an executor from Europe assumes that wiring funds to the heirs works best. You would be shocked to find out that wiring could be a huge mistake.

For the same reasons as an older executor, there’s too much legwork to get done from afar. The number of flights alone would be cost-prohibitive and a pain. Unfortunately, many probate documents need original, wet signatures. We have sent documents overseas, and even one document in one envelope can cost $150!

So, if neither you nor your family members want to be someone’s executor, remember that there are folks like us out there who can handle it. Declining to serve as an executor is very common, and there is no reason to feel guilty about it. You might be better off remembering your loved one fondly instead of remembering the frustrating estate work.

If you fit into the criteria above, please check out my book “How to Hire an Executor” available on Amazon.

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We’ll discuss how to sell a loft in probate. This is yet another type of apartment that is unique to New York. We’ve talked about co-ops in the past, which seem mind-boggling to many people (even New Yorkers).

What is an artist-in-residence?

It is too much to cover in depth, so this is a link from Street Easy, a local real estate blog: https://streeteasy.com/blog/sohos-artist-in-residence-law-101/

To live in a loft that has been converted from commercial use, the buyer is supposed to be an artist who lives in their studio. In other words, a work-living space. Not that many people are professional artists, but buyers may be required to be a “certified” artist.

This impacts probate by sorting through paperwork to confirm that the decedent was an artist-in-residence. This requirement also limits your pool of buyers.

There’s a process to get certified as an actual artist by the City of New York. As with any bureaucratic process, apparently there are lots of workarounds. And there must be, because I've never seen an actual artist living in these multi-million-dollar lofts. Note that there is an income requirement; you can’t just make finger paintings and declare yourself an artist.

It’s a niche issue, so make sure to work brokers who have deep experience. Otherwise, you will end up wasting a lot of time and limiting the number of potential buyers.

Cleanout: the elevator problem

Many of these were warehouses converted into lofts. That means there is not a traditional lobby with an elevator. The elevator goes directly into the living space. There is a key to each floor, so the elevator won’t randomly go to someone else’s loft.

While this living situation is cool and unique, it leads to some issues from the executor’s perspective.

For example, when you are using the one elevator that leads to all the floors, you are denying the other residents use of the elevator while you are cleaning out the decedent’s loft. This is not unique to probate; it happens when anyone moves in or out. It’s just one more twist for the executor to deal with.

We experienced an odd situation where we didn’t have the key to the door that led from the elevator to the loft. The locksmith drilled, held the elevator door open with one hand, and then had to undo everything to let someone else on. Then he had to start over again to help us.

The positive side is that these elevators are huge, since the lofts used to be warehouses. You can fill it with stuff and might only need two or three runs before giving the elevator back to the rest of the building.

Unique layouts of New York City loft apartments

There are no rooms; just a huge open space! You can get an architect and a contractor to put up some walls, but in its raw form, it is just a huge open warehouse floor.

Again, this is not unique to probate, but to anyone selling a loft. You’ll have a narrow set of buyers who are interested in living like that. Executors, since you have many other things to worry about, make sure you are working with a broker who is familiar with selling these lofts.

Lofts are very unique, but plenty of buyers love the space and uniqueness. And as a double-whammy, many of these lofts are co-ops, as well! So, you may deal with extra problems and rules.

To read about various probate-related situations, check out my book, “How Probate Works,” available on Amazon.

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How do you probate a Bitcoin miner’s estate? We’ll cover: what a miner looks like, whether to keep the miner running through probate, and how miners will probably have yet another wallet to figure out. The Bitcoin mining machine The word “miner” can apply to the individual who engages in active mining or to the device itself. Confusing, right Did the decedent own a miner? A miner is a supercomputer dedicated to solving complex math problems to earn Bitcoin. The process of solving those math problems is what makes the Bitcoin network secure. This machine is not an ordinary laptop or PC. The miner itself looks like a prehistoric computer or heater, and often worth at least $10,000! Executors – make sure you Google what it looks like! You don’t want to accidentally throw away Uncle Bob’s “large old computer...” It could also be mistaken for a space heater, because it actually does throw off a lot of heat. Keep in mind that the decedent could own a hosted miner. Because the machines are huge, hot, and noisy, people may not want to keep them in the house. Instead, there are miner "farms" that handle the cooling, electricity, and noise reduction. This allows shelves upon shelves of miners to be in one place and under the right conditions. A decedent may own a machine at a hosted facility and pay rent for the facility to provide those solutions. Running a Bitcoin miner throughout probate Should the executor continue running the Bitcoin miner throughout the probate process? As we know, probate can take a long time. Running miners for a year or more could generate significant income. You need to do a cost-benefit analysis. Do you unplug the miner and sell it or keep it running? Just like any other operating business, don’t over–think it. Does the executor have the capability to keep running the miner, or is it better to sell it immediately? For example, an executor is not equipped to continue running a retail store for an estate, so it’s better to sell quickly. But an executor could maintain a rental property until ready to sell. So, if you have a hosted miner, it may be easy enough to pay the miner farm rent to keep it running. But, if the machine is in the decedent’s home, you probably don’t want it there while you are preparing to sell the home.   Some factors to take into account are:

1. Electricity cost vs. revenue. It takes a lot of power to run the machine. If you are spending a lot of money on electricity and the current price of Bitcoin doesn’t justify it, the executor may want to sell.
2. Risks: If one of these machines blows out in the home, it could cause problems. If the machine itself is worth $10,000 and it blows out, then the heirs lose that money.

Another Bitcoin wallet We’ve talked about wallets that executors may miss (https://anthonyspark.com/e270-3-Bitcoin-wallets-executors-overlook/), and miners may have another one! The miner’s earnings usually have to go through a “pool” before it gets to the wallet. It’s hard to win the calculation contest at home on your own little device, so many people join pools where miners combine their computer power and divide up the earnings. Because of that multi-layered setup, you may need to find yet another seed phrase for another wallet.   Hopefully this is a good overlap of probate experience with bitcoin miner knowledge. My book, “How Probate Works,” will show you how probate works in general. I don’t have a Bitcoin chapter yet, but you will get a sense of how the probate process applies to your situation.   As always, if you have questions about Bitcoin and probate, let us know! Request your free consultation

 

Many of our Solo Ager clients ask if I’ll serve as their successor (not primary) executor. The short answer is yes. We discuss why solo agers ask for successor executors.

Planning to be a future Solo Ager

They may not be Solo Agers at the moment, but they are planning for when they will could become a Solo Ager. It’s smart: planning two steps ahead.

Married, no kids

Mrs. M and her husband named each other as their executors in their wills, which is common. At some point, one of them will die first.

The husband named his brother as his successor executor (in case Mrs. M predeceases him).

Mrs. M doesn’t have siblings or other close family members. She doesn’t want her brother-in-law acting as her executor if her husband predeceases. Mrs. M needed a successor executor of her choosing.

That is why she reached out to our office, and we are happy to work with her.

Girlfriend, no kids, wants to disinherit

Mr. C named his girlfriend as his executor, since he wants to disinherit his family members and leave everything to his girlfriend.

He is also disinheriting his nieces and nephews (next-of-kin). If his girlfriend predeceases him, Mr. C is leaving his estate to charity.

If his girlfriend predeceases him, Mr. C needs someone like a professional executor to handle everything, since there is no one else. Also, since Mr. C is disinheriting family, a professional executor is a good choice.

Along those lines, even if his girlfriend is alive, she may not want to accept her role of executor. She probably won’t want to deal with a messy contest and engage in a court battle with the heirs. The girlfriend has the option to decline and let a professional executor to step-in to handle the mess. She will still get the inheritance check at the end, but she wouldn’t have to deal with the heirs.

Mr. C set up the will to give her options: she can serve as executor if she’s ok with the situation, or she can let the professional executor take over.

Sometimes we get calls asking us to act as successor executors, and we are happy to help.

If you want to learn more about Solo Ager situations, click the link below for a free copy of my book, “The Solo Ager Estate Plan.”

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Complete this form to receive your complimentary copy of Anthony’s Amazon best-seller, “The Solo Ager Estate Plan”

We’ll share 3 recent problems we encountered while selling probate real estate: a bad septic tank, firing a broker, and co-op listing prices. We’ll share these stories with you and add key takeaways for executors and those facing probate.

Septic tank problems in probate

Any leak or other problem involving a septic tank is a huge headache. Septic water leaking into the ground soil is an environmental violation.

In our case, a problem appeared during the septic inspection (thankfully it was not a full-blown leak). It required our whole team (me, the other attorney, and the real estate broker) to work together quickly to save the deal by replacing the tank. As we’ve mentioned several times before, selling probate real estate quickly is key. Otherwise, the estate bleeds money while the property sits on the market (not to mention impatient heirs and looming IRS deadlines).

Takeaways:

1. You need a great team (broker, executor, attorney) who understand probate, the need for speed, and the risks to the executor. These are tough situations that require competent professionals. The team must be able to communicate well and do it quickly.
2. It is best to have a local executor: someone who understands local laws and customs.

How to fire a real estate agent

This situation is never easy, but being an executor is not for someone who avoids conflicts. Speed and risk assessment are two things that are important during probate.

So, if you have a broker that is taking too long to sell, it will anger the heirs. Taking too long to sell also puts the executor at personal risk for the loss of property value. The executor can’t just let it sit and let the bills accumulate.

A real estate agent who is not a good fit may make poor pricing decisions on your behalf. Perhaps the agent is a slow communicator or a poor evaluator of buyers. You don’t want to waste time on buyers who cannot close.

Takeaways:

1. Take time to choose the broker carefully.
2. Make sure they understand probate’s unique risks and priorities.
3. You should try to hire an executor with a trusted network of reliable, experienced agents.
4. If the executor doesn’t have a specific real estate agent to work with, a savvy executor knows to sign a limited listing agreement so he can get out of it quickly if needed.

Co-op pricing strategy

This is kind of NY-centric, since there aren’t a whole lot of co-ops elsewhere.

We’ve talked about why co-ops are a pain for probate, and pricing is one of those reasons. In probate, you want to price aggressively (low) to sell with speed. You wouldn’t want the neighboring unit to sell faster than yours because you wouldn’t come down $10,000. But you don’t want to list too low, because you must get a good value for the heirs.

On top of this balancing act, the co-op adds more complexity: the co-op board must be satisfied with the price, so it can’t be too low. The co-op has the right to reject deals that don’t preserve the value of the building as a whole.

Because of this, co-ops listings can:

1. Make the price too high for the market but make the co-op happy. Then it sits for months.
2. Make the price lower and get buyers, only to have them frustratingly rejected by the board over and over. This ends up being a waste of time, and the co-op goes back on the market.

Takeaways:

1. You need savvy executor who can set realistic expectations for heirs and explain to them that co-ops are just difficult to deal with. In this situation, an executor outside of NY with no knowledge of co-ops would be a huge disadvantage.

We hope these anecdotes were helpful to you. To learn more about how probate works, check out my book, “How Probate Works,” available on Amazon.

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Many non-US heirs need a professional executor to get federal transfer certificates.

What is a federal transfer certificate?

It is an IRS document, specifically, Form 5173. It is used to confirm through the IRS that there is no estate tax due, or it’s already been paid. The certificate allows the financial institution off the hook for taxes.

In absence of this, they can be liable! For example, lets’ say E*Trade has a brokerage account for a decedent who was a non-resident, non-citizen. If any tax was owed, but E*Trade releases the funds prior to the tax being paid, then E*Trade owes the IRS those taxes. This transfer certificate is the IRS’s way of letting E*Trade know that it is safe to release the funds to the executor or heirs. Because of this liability, banks and brokerages will not release the money without this certificate.

When is a federal transfer certificate required?

First, the decedent should be a non-resident alien (NRA). Second, the decedent’s assets must be US assets: stocks, real estate (but not bonds, cash, checking account, etc.).

The executor must send the certificate to the financial institution, or else the bank cannot and will not release funds.

If estate is large enough that it requires a federal estate tax return (706NA), just file the return instead using the federal transfer certificate. After filing the federal estate tax return, you will receive a closing letter from the IRS stating that they agree with your return and that the matter is closed. You can take the closing letter to the bank, and they will release the funds without the federal transfer certificate. You do not need to do both.

Recently, we’ve found that some institutions interpret to mean that if there there is a US professional executor (as opposed to a foreign executor), then no federal transfer certificate is needed. Hurray! Right? Unfortunately, this is usually not the case. Even if the law has changed, most financial institutions have not caught up. They are still requiring federal transfer certificates.

But, even if a federal transfer certificate isn’t required, the US executor is personally liable for estate tax. For that same reason, I, as a professional US executor, will not release the funds until I have filed the estate tax return. I will apply for the tax clearance anyway, so it’s really just a similar situation with the same result. Somebody has to make sure the taxes are paid so it doesn’t come back to hurt them later on.

How to get a federal transfer certificate

There are detailed instructions on the IRS website: https://www.irs.gov/businesses/small-businesses-self-employed/transfer-certificate-filing-requirements-for-the-estates-of-nonresidents-not-citizens-of-the-united-states

The application information for the federal transfer certificate is substantially similar to the estate tax return (706NA).

The IRS website says it can take 6 weeks to 6 months to respond to the application for certificate. However, as we know, it has been taking much longer these days. We have discussed previously about the numerous IRS delays, and as a result, the turnaround time is  unpredictable. It could take years, unfortunately.

We trying to set the expectations as realistically as possible. Even if we file immediately, it won’t move the IRS any faster. This can be very frustrating, especially for the heirs.

If you want to learn more about professional executorship, especially if you are in another country, my book “How to Hire an Executor” will help shed more light on the topic.

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How will your executor handle a Bitcoin winter (or crash) like the one we’re living through now? We’ll compare a few likely scenarios depending on who you’ve chosen as your executor.

But first, a few assumptions:

1. You’re a “maxi” (a Bitcoin maximalist – someone who really values Bitcoin in and of itself, and not just its conversion to dollars);
2. You want your heirs to inherit the actual Bitcoin you’ve accumulated, not just the fiat dollar value on your date of death; and
3. You believe Bitcoin’s value in dollars will probably be very volatile for several more years. You understand that even if it’s “down” during your probate, you want your executor to hang on to it.

So here are a few scenarios:

Professional executor, but doesn’t “get” Bitcoin

There are many attorneys and banks who are savvy in executorship and probate. In fact, banks have whole departments with trust officers that handle this. Once you find these experienced folks, do they have knowledge of Bitcoin? Maybe, but they probably have knowledge of crypto in general.

Bitcoin maximalists consider themselves separate from the rest of the crypto universe. If your professional executor has only a light understanding of crypto in general, they will associate Bitcoin with the current crypto crash. During a crash, can they withstand psychological pressure to sell? Probably not. That’s the most likely outcome with a professional executor that doesn’t understand Bitcoin like you do.

Maxi amateur executor

Say you chose your buddy who is a fellow maxi but has never been an executor before. He probably has similar values as you and wants to hold on for dear life (“HODL”). But, he has very little knowledge of the probate process or experience being executor.

If Bitcoin is going through a winter cycle during probate, the heirs may demand that he sell the Bitcoin so they can get their inheritance in cash. Can this amateur executor withstand threats of lawsuits, accusations of breach of fiduciary duty, and sob stories from heirs? Between dealing with that and also trying to HODL, it’s going to be a lot of pressure. If the executor doesn’t understand how to defend himself, he might be convicted enough to protect his own stack of Bitcoin. But he might give in to pressure from the heirs and sell their UTXOs so they leave him alone.

Understandably, you want your executor to be experienced with Bitcoin, but you also have to weigh whether the executor can withstand the pressure.

Professional Bitcoin Executor

Your best bet is to find a professional Bitcoin executor. Investor Michael Burry, from the movie and book Big Short, ran a fund holding money for other people. He shorted the real estate market right before the crash of 2008.

While the real estate market was doing well right before the crash, his positions were losing a ton of money. His investors wanted their money back and threatened to sue him. Burry kept saying no and told them to trust him. He even took technical steps to keep the investors’ money in place to prevent investors from withdrawing.

In the end, the recession happened, and all of those shorts exploded, allowing his investors to make 400 times their money. At the end of the movie, Burry sends out a one-liner email: “You’re welcome.”

In our estate scenarios of a Bitcoin winter, you need someone like Burry who is both convicted AND knowledgeable. You need someone who can carry out your wishes and do a probate-version of a side pocket to make sure he withstands the pressure and delivers the Bitcoin to your heirs.

I hope to fill a similar role, and hope others will, too. I have the experience as a professional executor, and I am beginning to see the light of Bitcoin values. While this topic is very specific, you can still learn about hiring a professional executor in my book, “How to Hire an Executor.”

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Our solo ager clients often ask “who should draft my will? Should I do it myself or hire a lawyer?”

Default: hire a reputable estate planning lawyer

The benefit is that you will have peace of mind that your will is done correctly, as opposed to using a computer program. Software is pretty good, but a human (in this case, an experienced attorney) will spot problems that a DIY will can miss.

A drawback is that hiring an experienced attorney can be costly, especially compared to using computer software.

Make sure to find any attorney who specializes in estate planning, not the guy who does DUIs and wills only on the side. (No offense to either subset of the profession, but these are just completely different skillsets).

DIY will tips

Will preparation software is a fine option these days, because it is much more developed than it was even five or ten years ago. Watch our previous episode where we reviewed some DIY options.

You may want to use a software program if you think you’ll make revisions quite often. Each revision with an attorney can be expensive. Simply changing a name can cost more than you’d think. Even if you just want to swap out “Joe” for “Bob” in your will, the attorney still has a duty to look over your entire estate plan and each document to make sure they are accurate and confirm that your situation hasn’t changed.

If you decide to draft the will yourself, please consider hiring a lawyer to at least supervise signing ceremony. This will ensure that the will is signed correctly, including the affidavits and the witnesses. You’d be surprised at the problems that can arise if the will isn’t signed properly.

You can usually find a local experienced estate planning attorney who can supervise the signing for a fraction of the estate planning cost. In this case, the attorney will not review your will for errors, but will simply supervise the signing process. Keep in mind that even if you’ve drafted a perfect will yourself, it is all for nothing if you fail the technicalities of the signing ceremony. It sounds like signing should be something simple, but we’ve even seen inexperienced attorneys mess it up.

Can my professional executor draft my will?

Sure, a professional executor can draft your will. I used to do a lot of estate plans, but now I’m 100% focused on being best executor possible for you. Being a professional executor is time consuming, and it doesn’t leave a lot of room to be good at extra jobs on the side.

Personally, I don’t have the software, fancy paper, or setup any more to draft wills. I would be doing it from scratch, and that’s not an ideal situation. However, I am happy to do a non-legal advice review of your draft plan to check for any glaring red flags. It’s a good idea to have a review to point out obvious mistakes that could blow up your whole estate plan.

If you want learn how probate works for Solo Agers, check out the link to my free book, “The Solo Ager Estate Plan.”

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Sometimes the small personal effects can have a big impact. It may be the irreplaceable keys to the loft, the invaluable smartphone, or treasured photos in the wallet.

What are personal effects?

They are usually personal property; items of particular significance that are carried or worn. These can be wallets, jewelry, phone, keys, etc. Items above a certain value, like a diamond engagement ring, fall into a different category.

If she died in a care facility?

Sadly, more often than not, some personal property will go missing at a care facility. It’s a sad indictment of humans everywhere. When a lot of people pass through a patient's hospital room (EMTs, nurses, doctors, visitors, janitors, etc.), there is bound to be a set of sticky fingers with no way to figure out who did it.

Personal property sitting on a patient’s nightstand is an easy grab. The thief may not be a habitual thief but could simply be a person who sees a crime of opportunity. We’ve had this happen in many of our estates, sadly. The family knows that their loved one had a piece of jewelry at the care facility, and now it’s gone. Heirs understandably get mad, and there is not much anyone can do. Unfortunately, this is something below the district attorney’s radar and is typically hard to prove.

If she died at home?

In New York, when someone dies in their home, the police come and put up yellow police tape. You then need Letters Testamentary to enter. The police search the home for personal effects and put them into the evidence room at the police precinct. So, if you do get into the home and can’t find something, check the police precinct.

Also, the police purge non-cash valuables within 1 year. They can’t hold things forever, or they will run out of room. If you are looking for the decedent’s keys or special photos, etc., you need to get to the precinct as soon as you can. A year may sound long, but time seems to go fast when you’re probating an estate. Sometimes it can take a year to get Letters Testamentary, so you need to move fast!

Be aware that you will need to find the correct police precinct. We had an estate where we thought the personal effects were at the local precinct, but they were stored at the main one.

This sounds like a pain, but at least the police secure the property and there is a paper trail of what they found.

If you want to learn more about how probate works in general, don’t forget to check out my book, “How Probate Works,” available on Amazon.

Request your free consultation