From our “Ask a Question” Mailbag: Disposal of Personal and Private Estate Property

Most Recently Updated July 20, 2018.

“I was surprised to learn that my uncle named me executor of his estate, but now I think I know why. My uncle was a private guy. In opening up a storage locker he had rented, I found what I could only describe as a mountain of gay porn. My uncle was a single man who never came out. I think he knew that I would handle this discovery discreetly, as his sisters are very homophobic. If they knew about this locker they would be really upset. I was going to just dump the locker contents, but a friend told me that this stuff might be worth as much as $20,000. As executor of my uncle’s estate, what do I do with his mountain of gay porn?”

Disposal of Personal and Private Estate Property

Disposal of Personal and Private Estate Property

As executor, you have a duty to gather together estate assets for the beneficiaries. The porn you found is an asset, which might be worth a substantial amount. If you dump it into the trash and the beneficiaries find out and complain, you could then be found responsible for a $20,000 loss, be “surcharged,” and have to put your own money into the estate. It also seems your uncle chose you as executor because he was relying on you to be discreet. There is no requirement that you share the details of your discovery. If your uncle wished to keep his private matters private, you certainly can respect his wish.

I have a practical suggestion. It sounds like the heirs are not interested in receiving a “mountain” of gay porn. Instead, consider placing an advertisement on Craigslist for the locker contents and sell the lot to the highest bidder. By doing so, you will have fulfilled your duty as executor to secure the estate assets. If the heirs are not overly curious, you can simply add the proceeds from the sale to the estate account. The rest of the family will be happy to receive the cash. Feel free to contact me and we could brainstorm other options.

More Probate Questions?

Disposal of estate property is only part of the overall probate process. By all means, if you wish to learn more, please read my more detailed article, The Probate Process All You Need to Know.

In Conclusion: Disposal of Personal and Private Estate Property

I hope that this article was helpful in explaining disposal of estate property. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Probate Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Probate Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

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