Loss of a Loved One
& Real Estate

Estate Planning and Probate are detailed and complex areas of the law. This is not meant as legal advice and should not be construed as such. Please consult with a licensed Estate Planning attorney if you need specific or additional information on any of these topics.

What happens with property when someone in the family passes away? There are complications to this question: what if the property was in bad shape at time of death, like hoarding conditions or extreme neglect? What if the loved one had no trust or will? What if the death actually occurred on the property? All common occurrences. Let’s delve in.

What happens if a person dies without a will or trust?

What do late celebrities Amy Winehouse, Prince, Sonny Bono and Aretha Franklin all have in common? They died without a will. They weren’t alone.

Many people pass without wills or trusts. Some feel superstitious. They think they’ll jinx themselves and conjure death if they create after-death plans.

The true outcome of neglecting this type of planning is leaving big headaches for surviving loved ones.

If a person dies without a will, the case will go to Probate (a judicial process) and a relative is likely to be named Administrator. That Administrator manages the estate of the deceased person.

If the person had absolutely no relatives and no heirs, the County will likely be named Administrator.

The probate process is a lot of things – fast is not one of them. Something like 4 to 6 months is a common time frame if there are no hiccups. It can go far longer if there are disputes.

What happens if a person dies with a will?

If a deceased person did have a will, the Executor manages the estate of that person. It still has to go to Probate, but at least there is record of how the deceased person wanted assets divided.

NOTE: Holographic (handwritten) wills, are accepted in California. To be valid, a holographic will must be written entirely in the handwriting of, and signed by, the deceased person. It must have been written while that person was of sound mind, and not under pressure from anyone.

What happens if a person dies with a trust?

People generally create trusts to avoid Probate altogether. A Trustee is named in the trust document. After the person passes, the Trustee manages the estate of the deceased person. Real estate is a common item to hold in a trust.

Does it have to be disclosed if a person dies in their home?

It is important to remember that any death that happened on the property in the past three years must be disclosed. It is considered “a material fact.” In other words, it is something about the home that could affect a potential buyer’s willingness to buy.

Violent Death in the Home

If there was ever a violent or highly publicized death on the property, you must disclose it. Even if it happened more than 3 years ago, disclose. If you don’t tell your buyers, I promise you the neighbors will – the very first chance they get!

What should I do if a home is left in hoarder conditions?

Television shows make a spectacle of this condition, but please remember that living like this is associated with emotional trauma. People who hoard deserve compassion, not ridicule.

When someone dies and leaves a home in this condition, cleaning up requires a special crew with a sharp eye. It’s tempting to just toss everything, but often times the hoarder may have stashed jewelry, cash, or other valuables, so care must be taken while going through the piles of stuff.

Do you need help clearing the home of a loved one? Call me for referrals to cleaning organizations that can handle these special cases.

Do you need help clearing the home of a loved one?

If you live in San Diego County and need referrals to cleaning organizations that can handle these special estate clean out cases, please feel free to contact me.