Estate Auction Issues

We emptied my parents home after they passed and after divvying the contents the family wanted, engaged an auction company that the attorney recommended and others had also heard good things.

We experienced damage and loss of items. (Not to mention very low prices…)

The auction company took the contents in their trailers to await the online auction which occurred over two months later.

Help me understand: there was significant damage to multiple items including a punctured oil painting, scratches on Victorian sofa wood and table, punctured upholstery, a side table with the top disconnected from the leg/stand, and broken glass pane (not cracked - half was fully missing) in a short glass door book cabinet. There were also items not included in the auction which were in their photos before they took them including several silver plate items, a crèche figurine (no value but still), and the key to the curio cabinet which was sold “locked, without key”. I have their photos of all of these items demonstrating the damage and loss. The damaged things all sold (except the oil) but for no doubt lower prices.

They are waiving the truck charge, $200, but that’s it.

What do you think? It seems so incredibly unprofessional and I am shocked and saddened this happened. I had one conversation but the rest has been through text. The conversation sounded begrudging to give any consideration, that is where the truck charge was offered, and the missing items and some damaged items were not even known then.

Thanks in advance.

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u/Large_Top2289 — 2 days ago

How to structure investments in IRA vs taxable for sequence of returns risk

I have $2M, am 63.5, and have 10 months of severance. To set myself up in case I do not work in the future, and to protect from sequence of returns risk, how should I invest in the IRA ($300k) and taxable ($600k)? I have a Roth $450k which will be equities, a concentrated low basis stock position of $400k that I will sell/diversify in low income years, and an alternative (also in the Ira so it will be part of of RMD at 75) $200k that pays 15 percent.

Should I put an allocation of fixed income in the IRA or in taxable or both? I’ve heard different strategies based on how I would generate cash for my gap years before taking SS at age 70. Some cash will come from the alternative and some from an $85k inherited IRA but I will need more (say, $40k). Note taxable will include some equity for sure.

Thank you!

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u/Large_Top2289 — 23 days ago

Allocation between account types for retirement

I have $2M, am 63.5, and have 10 months of severance. To set myself up in case I do not work in the future, and to protect from sequence of returns risk, how should I invest in the IRA ($300k) and taxable ($600k)? I have a Roth $450k which will be equities, a concentrated low basis stock position of $400k that I will sell/diversify in low income years, and an alternative of $200k that pays 15 percent.

Should I put an allocation of fixed income in the IRA or in taxable or both? I’ve heard different strategies based on how I would generate cash for my gap years before taking SS at age 70. Some cash will come from the alternative and some from an $85k inherited IRA but I will need more (say, $40k). Note taxable will include some equity for sure.

Thanks in advance!

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u/Large_Top2289 — 23 days ago

3 night stopover in mid-Oct worth it?

Planning a 10 day trip to Switzerland from US via Iceland Air and considering whether to stop over on the return. October 8-11 or 12 would be dates. Love the green sunny photos I’m seeing! 63 yo F traveling solo I don’t think I would rent a car, likely pay for tours.

Have been looking through the recent posts and understand the temp would be chilly - I’m from MN so have some appropriate clothing, maybe need to add wind/rain pants.

Not sure I could see Aurora without a car to leave the city. I’m thinking of staying in a hostel.

Alternatively wait and try to do this another time during warmer/lighter months. I enjoy hiking.

Lastly if I do this I set myself up for a long process getting back into the airport. I will have a checked bag. Otherwise I understand Iceland Air makes their 45 minute layover work for their customers!

Thank you in advance!

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u/Large_Top2289 — 1 month ago

Tree on property boundary

Location: Indiana urban area

Neighbor is threatening to sue:

Tree trunk on relatives (A) side

Tree limb fell on their neighbor’s (B) side damaging fence and electrical wiring.

Neighbors B insurance deductible too high to cover anything. Neighbor B wants to sue A for all damages including lost work and food (from electricity going out and needing to be home for repairs).

A’s insurance investigated and documented high winds in the specific vicinity, looked at the picture of the limb with green leaves, and stated A had no liability it was an act of nature.

B said multiple times the tree was a “bad tree” and states there was “historical documented evidence”(none has been presented or was known to A). Certified arborist came and said to A the tree in question was healthy and did not need to come down but that a couple of other trees needed to come down. Prior trimming/review by an arborist was 3 years prior to that when other trimming and tree was removed.

The morning the arborist came to take trees down he called A to say that B told him the roots of the tree in question being above ground were a problem. Arborist told A that B was threatening to take the roots out and he could take tree down now or possibly come back later at a double cost. B was not reachable within the time frame so it was decided to take the healthy tree down - the one that B had said repeatedly was a “bad tree”.

A made an offer to generously share in part of the bills. When the healthy tree came down A said that would impact what they are willing to pay. B says no I agreed you did not need to take the tree down, you must pay the original offer or I will sue for 4x the amount (adding all the expenses). The total offer was originally $1500 and A thinks should now be $900 (reducing for 1/2 of the tree cost). B has received benefit by no longer needing to worry about bad tree or future damage thus A thinks offer (which was voluntary) should be reduced.

We don’t think A has any liability. Suing in small claims is likely otherwise. Unknown what B would present as evidence for historical documentation.

Comments?

(Original post from Legal did not allow photos and could not add to cross post. Please advise id this is not the way…)

u/Large_Top2289 — 3 months ago
▲ 3 r/treelaw+1 crossposts

Tree on property line damaged neighbors property

Location: Indiana urban area

Neighbor is threatening to sue:

Tree trunk on relatives (A) side

Tree limb fell on their neighbor’s (B) side damaging fence and electrical wiring.

Neighbors B insurance deductible too high to cover anything. Neighbor B wants to sue A for all damages including lost work and food (from electricity going out and needing to be home for repairs).

A’s insurance investigated and documented high winds in the specific vicinity, looked at the picture of the limb with green leaves, and stated A had no liability it was an act of nature.

B said multiple times the tree was a “bad tree” and states there was “historical documented evidence”(none has been presented or was known to A). Certified arborist came and said to A the tree in question was healthy and did not need to come down but that a couple of other trees needed to come down. Prior trimming/review by an arborist was 3 years prior to that when other trimming and tree was removed.

The morning the arborist came to take trees down he called A to say that B told him the roots of the tree in question being above ground were a problem. Arborist told A that B was threatening to take the roots out and he could take tree down now or possibly come back later at a double cost. B was not reachable within the time frame so it was decided to take the healthy tree down - the one that B had said repeatedly was a “bad tree”.

A made an offer to generously share in part of the bills. When the healthy tree came down A said that would impact what they are willing to pay. B says no I agreed you did not need to take the tree down, you must pay the original offer or I will sue for 4x the amount (adding all the expenses). The total offer was originally $1500 and A thinks should now be $900 (reducing for 1/2 of the tree cost). B has received benefit by no longer needing to worry about bad tree or future damage thus A thinks offer (which was voluntary) should be reduced.

We don’t think A has any liability. Suing in small claims is likely otherwise. Unknown what B would present as evidence for historical documentation.

Anyone have experience on what is likely outcome in court?

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u/Large_Top2289 — 3 months ago