Like I said in the title guardian wants to split possessions.
Here is the whole story.
Through a very contentious guardianship proceeding, it was agreed that an independent guardian would be appointed to care for my mom.
Since then, mom has been moved to a memory care facility. I know the plan is to sell the house. I was told months ago that her possession would be sold, but the children would have first opportunity to buy items.
Now, I have learned that the guardian wants to mark (or sticker) all items in house. One color for me, one for my sibling, and one that we don't care about. If we cannot agree to an item it will be marked for storage. Storage that my mother will have to pay for!
I do not believe this is in the best interest of my mother. Why would her things be given to us when they can be sold for her care? And if we cannot agree on the item - why should my mother pay for storage and this settled at her death?
Would a judge approve that my mother pay for storage of items that she will never use again?
By the way - my mom does not know where she is or who anyone is anymore. She has no mental capabilities anymore.
Should I challenge the guardian and say that these items should be sold or at least be paid for by myself and sibling?
The house is evidently to be sold, with the proceeds used for the mother's care.
I see several choices for you and your sister:
1) take the items guardian marks for each of you and attempt to sell them yourself.
2) have all items moved to storage, but you and sister pay the storage fee until you resolve the "split".
3) have all items donated (at least the ones the guardian doesn't plan on selling.)
4) put out a free sign - if there is a garage, it could be put there and let people take stuff.
5) pitch anything guardian isn't holding for sale.
Any money you **might** make from selling the items can be used for mom. Either give the funds to the guardian for mom's care or use it to purchase anything mom might still enjoy.
For the most part, unless you know something is worth some money, most home furnishings and other items are pretty much not worth much. As others have said, it could cost MORE to try to sell everything than they are worth (exception would be yard sale, as this would only cost you time/effort.) Although some items may appear to be antiquey, it likely isn't and there are tons of them out there, a dime a dozen. Anything worth keeping is something that YOU like or that has some sentimental value to you. Anything else, donate, put it out for free or yard sale it.
In one reply you say you want 2 items, in another you want to walk away and let sister have her way. YOU have to make that decision. If you decide you do not want to argue and agree to give up the "stuff", go to the meeting and say that. Suggest anything sis doesn't want go to donation, not storage. If guardian insists on "splitting" and using storage, offer to pay for the storage and then get rid of the stuff asap. A free sign at the garage or side of the road can sometimes work! My son has done that a lot with his wife's grandmother's "stuff" that has been sitting for many years in the house they rent from her mom!! The "stuff" generally disappears quickly!
Cleaning out mom's condo, my brothers took what they wanted. I only took a few items that could be useful. Most of the other "stuff" either went to neighbor for church rummage sale (random items), Goodwill (mostly clothes), a place near mom's that took furniture, including decent mattresses, or was trashed. WAY too much was hauled here to my place by one brother (most of her clothes - several truckloads!! - went to Goodwill, but at least 5 boxes of shoes, maybe another 4-5 boxes/totes of clothes that were missed, fake plants galore, linens, tablecloths, placemats, napkins, both linen and paper, etc etc etc are all cluttering up my place!!! I did NOT want this stuff, most should have been donated or tossed. I had enough to do without dealing with this crap, getting mom in a safe place and managing everything for her care, and just now, several years later, am going through it to make room that I need in my garage!)
If all else fails, PITCH IT ALL!
I don't understand why anything (not wanted by family member) would be put into a storage instead of just having an estate sale for leftovers. That part is puzzling and a waste of money for monthly storage fees.
The only good news is that I will absolutely never do this to my 3 children.
And yes, she was a hoarder.
We had the meeting yesterday to split the possessions. It was about how I expected. It did not go well. The plan was to make 4 piles of possessions.
1. A pile for me that my sister has to agree on
2. A pile for sister that I have to agree on
3. A pile that we cannot agree on (this means these items will be put in storage)
4. A pile that we don't care about. (to be sold)
The guardian will petition the court for the items to be distributed about for 1 & 2.
The things that we cannot agree on, the guardian has said she would put in storage, where my mom will pay for storage. And sell the last items that are don't care.
Now my sister has indicated that she wants the entire house and will not agree to me having anything of value. I offered her the entire house if she would agree to the one item I cared about and she declined.
HERE is the question: 1. Would a judge approve the storage fees for my mom to pay for almost the entire house and a very large garage? I don't think this is in the best interest of my mom? Should the things be sold?
I really don't know how to propose this to the judge. I will go to clerk of court for help.
StoneMan, you could stop it now by... stopping.
Just imagine it, for a few minutes. You stop, by waïving any right to or interest in any of the chattels (I'm not forgetting the desk or the safe, or why they have importance, I'm just asking you to imagine that you consign them to the past). What then? What more could anyone do to you?
Choose your battles, Stoneman. In the end are those items worth more anger and ill feelings?
I hope you find find some peace in all this.