Family Politics and Last wishes unfulfilled

Heritage Trust was first introduced to our future client “George” by a local skilled nursing facility (where he landed after several weeks in a hospital), which was concerned about his finances and who was managing them.  It was clear at the first meeting that George was suffering from a number of health issues, including dementia. When George explained what he wanted to happen at his passing, it became clear to Heritage Trust he did not have his estate plans in the best order to fulfill his wishes. Heritage Trust recommended three local attorneys, and offered to assist in whatever way made sense to him.

A second meeting a month later, again at the request of the skilled nursing facility, ended with George insisting he had done what was needed to put in place his desired estate plan, but on further questioning he could not remember exactly what he had done.  Again, attorneys were recommended to assist him.

Four months later, Heritage Trust received a call from one of the recommended attorneys asking if Heritage Trust would be willing to step in as conservator, trustee and also be appointed as personal representative.  George had never contacted the attorney based on the Heritage Trust recommendation, but forces had aligned to bring them to together. However, the attorney was surprised to learn of the prior meetings, as George never remembered his meetings with Heritage Trust.

Before anything could be signed, George passed away a few days before Christmas.

George wanted his estate to go to 24 non-profits and went to his death thinking this is what would happen. He had two brokerage accounts, which comprised the bulk of his estate, only one of which had been set up to go his favorite charities.  Because the other account had been left in his name with no estate plans in place, the other account and the remainder of his assets would have to go to his living heirs, his nephews, which was definitely not what he wanted to happen.

After he passed, Heritage Trust discovered that George had driven himself to the hospital months earlier in a car he had just purchased, wrecking his car as he entered the hospital grounds, and fainting outside the front entrance.  Afterward, he bounced rental checks on his home and was evicted.   All of his belongings were dumped into two storage units by his housekeeper.  His landlord was irate at the way he had left his rental home, since George was also evidently a hoarder.  He never returned home. In his meeting with Heritage Trust, he was clear that under no circumstances did he want his two nephews, his only living relatives, to get any part of his estate. 

His two nephews were living on the other side of the country, and he had had no contact with them for over 20 years.  George and his brother had been estranged due to different spiritual and political beliefs, and he had excluded his brother’s sons from his life as well.  The nephews knew that geography would prevent them from dealing with their Uncle’s estate and appointed Heritage Trust to serve as Personal Representative. 

The first step was to gather up and identify his assets and pay any outstanding bills – and sort through the storage units.  He had a safety deposit box with over $100,000 in cash, a valuable jewelry collection, and a coin collection of sorts.  He had a four-month-old wrecked car, two storage units filled with belongings, including financial records, and his brokerage accounts.

Heritage Trust was able to deposit the cash into an estate account, value and sell the jewelry and coins, obtain an insurance settlement on the wrecked car, complete tax returns, pay bills, identify any valuable items in the storage units and dispose of the rest, and assume control of one of the brokerage accounts.  Heritage Trust was also able to assist the brokerage firm with the process of distributing the other account to the 24 charities.  Heritage Trust were also able to smooth out the wrinkles with the irate landlord, and to distribute the reminder of George’s estate to the two nephew’s as per the law.

Heritage Trust was able to clean up a messy situation and do what was possible under the law to honor George’s wishes, while recognizing that after his death our obligation and responsibility was to his heirs, notwithstanding George’s unwritten desires.