Legal Guidance for Executors & Trustees Regarding Valuables
All Executors and Trustees need legal guidance regarding valuables. Have you ever wondered what happens to your valuables when you die? I have never worried about my valuables because I have a signed and notarized California Living Trust. I also have a signed and properly witnessed Pourover Will. I have also been married for over 25 years and I have 3 children who have been taught to share and share alike. Upon my death, my children will not have to go to probate court because I have a signed notarized California Living Trust. Upon my death, my children will not fight over my valuables because they have been taught to share and share alike and my Trust instructs them to divide my valuables equally between them.
Even though I have been a California Probate attorney for over 20 years, I have never had to worry about the disposition of my valuables until this week. I attended this week’s Amador County Board of Supervisors meeting because I had received an email from a client who was worried about her friend and what her friend’s shocking story meant to the rest of us living in Amador County owning valuables even though a Trust was in place.
The agenda item was listed as: “Sheriff and coroner responsibilities upon a person’s death.” If you missed the Tuesday June 13, 2023 meeting, you can watch the KVGC recording on YouTube. You will hear firsthand the stories that were presented to the Amador County Board of Supervisors regarding the loss of a loved one and their valuables. The Sheriff explained to the Supervisors that this procedure is nothing new and that taking the valuables from one's home following their death is standard procedure. This standard procedure comes from California Government Code Section 27491.3 which states: "In any death into which the coroner is to inquire, the coroner may take charge of any and all personal effects, valuables, and property of the deceased at the scene of death or related to the inquiry and hold or safeguard them until lawful disposition thereof can be made. The coroner may lock the premises and apply a seal to the door or doors prohibiting entrance to the premises, pending arrival of a legally authorized representative of the deceased."
I was told by my client that her friend’s mother had passed away of Cancer. The shocking story that she relayed to me was that the Sheriff/Coroner had demanded that they open their mother’s safe after her death. They took all of her guns and valuables from her safe even though her daughter had her living trust in her hands at the time. They said that that the living trust had no bearing on them taking her valuables and sealing off her house. My client didn’t understand why this was happening. My client asked, “How can that happen when they have a living trust?” “What can they do?” She was seeking my legal guidance because she didn’t want this to happen to her family.
I was shocked when I received this email. I was even more shocked when I heard Gina Martin and Mark DuFrene retell their heart wrenching story at Tuesday’s meeting. The removal of their mother’s valuables happened less than 2 hours following their mother’s death. Their mother had her valuables secured in a safe. Their mother had a signed Trust and a signed Pourover Will. Their mother had only 2 legal heirs, her 2 children who were present at the residence and were not fighting. My heart goes out to them. I did not prepare their mother’s Trust but I can speak on behalf of all licensed attorneys who practice probate law that this is not what was supposed to happen with the signed Trust.
I now have to advise my clients differently. That not only do they have to have a signed Trust and a signed Pourover will. They will also need to take extra precautions so that their loved ones do not experience the removal of their loved one’s valuables from the home immediately following their death.
Up to this week, my advice to my clients was to advise them that a Trust is recommended for clients whose estate assets exceed $100,000 or if they own real property. A Last Will and Testament is recommended for clients whose estate assets do not exceed $100,000; or if they do not own real property. Now I must advise my clients that if they own valuables contained in a safe, they must have a signed Trust to prevent the removal of their valuables including cash, jewelry and firearms following their death.
I also advise my clients to prepare and print an inventory of all valuables in the safe for their Trustee. This itemized list works for insurance purposes too since it can be used for a reference if there is theft or fire. Following a death, this inventory list can be a receipt if the Trustee cannot prevent the removal of valuables from the Decedent’s safe by the Sheriff’s office.
Some firearm owners label their safe with a Notice To Police. For more information about this notice and firearms law, I recommend Attorney C.D. “Chuck” Michel of Long Beach, California. He has written a book “California Gun Laws: A Guide to State and Federal Firearm Regulations.” More information about the book and its contents is available at CalGunLawsBook.com.
You can listen to attorney Christeson discuss Legal Guidance For Executors & Trustees Regarding Valuables on KVGC by going to telpc.com/radio.
