Posted on 04/04/2024 7:44:45 AM PDT by fwdude
An elderly, single friend of mine had to quickly downsize due to some health issues and contracted with an estate liquidator, with my help. The liquidator was listed as a preferred servicer in some trusted real estate literature, so we thought it would be safe. It was an off-site sale since his home needed to be empty for listing (long story) and the liquidator said it would be 30 - 45 days for settlement of the sale. Contracted movers were very friendly, local, and vouched for the estate liquidator.
More than six months later and dozens of calls, and the liquidator has not followed through with anything except empty promises. We heard "check's in the mail" more than 5 times, with nothing materializing.
My question is what route to take in filing a civil suit. What kind of lawyer is best for this situation? Are the elder-issue attorneys which specialize in this kind of theft? Anyone else experience this kind of thing?
Under the Statute of Frauds, if the matter in controversy is over $500, there needs to be a written agreement. Different states treat S of Fs differently (your mileage may vary). But it’s still theft if you can prove they took the stuff and didn’t pay for it.
Contracts required to be in writing are transactions involving land and contracts which cannot be completed within one year. That is all.
I actually have a lawyer meeting set up today with my buddy, to discuss wills and POA’s. I mentioned to the attorney this issue with the estate sale thief, and he is going to investigate and either take the case, or refer him to a good attorney familiar with these types of cases.
no, you weren’t pretty clear
What was I not clear about?
Contact your state attorney general’s office. We pay their salaries for these sort of things. Have all your papers, contract, dates / times you’ve contacted the liquidators, etc. in order. Sounds like this could be viewed as fraud and elder abuse.
Many local TV stations have an advocacy segment on their local news programs: “Channel 3 On Your Side”, for example. When something is as far out of kosher as you describe, shining that TV spotlight can get speedy results.
I really wish you well. There are some shady characters in this business, all right. You are at their mercy on realized prices, for one thing. Can you figure out their on line presence, for example, such as an eBay account that you can keep an eye on? Moving everything in 30 45 days at an antique mall happens never, so the dealer would have to buy the inventory himself, at his own price.
If you sue in small claims, you still have the uphill battle of collecting on the judgement.
If the dealer had high recommendations, he or she is probably just too casual at business and will make good after all. If you know the movers’ ID, give them a call and see if they were paid.
Again, good luck.
This solution was the most convenient for the old man's scattered family. There were of course no proceeds and little explanation of why that was so, even as to valuable antiques and artwork. The family shrugged, and the widower privately seethed at his family for being so easily duped -- and uncaring that they were duped because it was only his possessions that had been effectively given away.
A it was, an elder care lawyer explained what went on. The "estate liquidator" sold the contents for a minimal sum to their affiliated second hand store that reaped all the value of the man's possessions, protected by contract terms that authorized the malpractice. Like similar operations, the estate liquidator was heavily promoted with smiles, unenforceable feelgood promises, and "have a blessed day" in the nursing home and local Christian community.
I could multiply this story several times over based on my 93 year old mother's close observation of and retelling of what goes on with her circle of friends and in her retirement facility. My mother is sharp enough to notice the many lapses and malpractices that swirl about elder care.
Thanks for the info.
Will be facing another case of trusting an estate liquidator for my mom’s estate since she passed late last year. Who do you trust? I’m not sure how to vet these people. Recommendations? I tried that once and got burned.
I’m afraid small potatoes aren’t going to be paid much attention, even by conservative state attorneys. Even our local police department and district attorney are slackers.
Unless you make a LOT of noise and get a news special interest story going, your case is going to be filed in the “unsolvable” pile.
If you can be present, an estate sale can be monitored. Around here, they are now largely on line by auctioneers, where you can see the whole show. I am just amazed at what people will bid on their phones, even more so than live. Why? Who knows? Look at the auction listings in the local papers to see the auctioneers who do the job from photography to collecting the $$ to loading up the stuff.
Yes, I gave this a LOT of thought as I got into it. The liquidator I contracted said there would be a catalogue of the items with the sales prices listed for full disclosure. I got none of that. She is a complete thief.
I later realized that only about half of the stuff (if you're lucky) actually gets sold to end-user buyers, the rest of it either gets bundled and sold to another liquidator at pennies on the dollar, or goes in a dumpster, which they charge you for. So, when you agree to liquidate your loved one's estate you have to mentally prepare yourself to accept the fact that a lot of your dearly departed's prized possessions are going to end up in a landfill if they aren't marketable. A lot of people can't accept that.
My departed mom had a massive VHS movie/documentary collection of classics. These are going straight into the heap, and that bothers me. I've tried selling them online, but I might as well be selling buggy whips.
The biggest lies are the fables they'll tell you about retirement communities. "Chef prepared meals." More like warmed over t.v. dinner quality.
The problem with on-premises sales is that you attract the garage-sale crowd who want to pay $5 for a hard wood dining table. The market is very limited, and casual tire-kickers are 90% of the traffic. Then you have to worry about the thieves who come by to pick off other property from your home when they are not being watched.
At least online you have a national, if not a world-wide market, and opportunities which come with it.
That may be true. Another approach that has worked for me is to send a certified letter to the offender with a bond, all caps “CC: attorney general fraud division.
Not under the original S of Fs.
Yes, it is a trying experience in any case. But there is no way any estate will bring full retail value for every item. And every estate sale will end with an employed dumpster even after the “free” tables run their course.
Even though most government agencies are loaded with clock-watching bureaucrats, there are a few who genuinely care about the agency mission and are willing to provide guidance. You can sometimes find them by explaining your circumstances, and asking who is knowledgeable and can help answer some questions.
Get copies of contracts before signing anything, read them closely, and ask a lot of questions about business practices. Make sure than any promises or representations you want to rely on are clearly in writing in the contract.
Consult an experienced elder law attorney. You might find one by checking with local attorneys you know, bar certifications and advertising, and even reviewing law suit filings to find one or more who have represented plaintiffs against crooked estate liquidators.
The better course may be to go through your mother's possessions with a close eye as to what is worth keeping, what should be discarded, and what should be sold. My brother and I are doing that with my mother's possessions in the family home.
After a lifetime of hoarding by my mother, the task is formidable but sometimes worthwhile. Most things get thrown out or donated to Goodwill, the Salvation Army, or St. Vincent De Paul's. Every now and then we find something useful enough to keep, like high quality sets of china or tableware, or caches of old family photos and letters.
The problem with my mother is that she kept literally EVERYTHING. From paperwork/receipts to gifts, greeting/holiday cards, to simple letters and notes. It was amazing what we found in her filing cabinet. It’s like a time capsule.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.