QUESTION
How can I get my stuff from storage units that were in my late fiancé's name?
Asked on May 21st, 2013 on Estate Planning - Delaware
More details to this question:
I lived with a man for almost 4 years and we were engaged to be married. He passed away in July of last year. We rented 2 storage units in which was in his name containing things from my home that I had before I moved in with him and things we got together in the almost 4 years that we lived together. I helped pay on the units when he was still living. I have paid on them every since his death. The place in which I rent the units from has them locked out and no one can get into the units. The lady who I paid every month told me at the time of his death that the units would be locked out but to keep paying to keep them from going up for auction. I was told that I could only pay in cash since it wasn't in my name and she'd give me a receipt in my name. She said no one but executor of state could get the stuff. I told her there was no executor of state and no one had plans to become one. She said to get in writing from his daughter and a death certificate saying it was ok for me to go into the units to get my stuff. The daughter asked for forms to be sent and she'd sign them. The woman said there were no forms at first then she said she'd contact the daughter and send the forms. Last month, there was a new guy the woman no longer works for the place. I no longer have to pay in cash. He'll take my card number over the phone. I still can't get my stuff. I still paid because I don't want to lose my stuff. When I called to make my payment this month, I asked if I could get into the units now. He said he'd talk to his boss and call me back. When he called me back he said that his boss said that I needed a death certificate and to become Power of attorney. He said he called and talked to my late fiancé's daughter and she said she had no problem with me doing that and getting my stuff. What can I do to get my stuff? I just want my stuff and all this over with. I'm disabled and can't afford to keep paying on these units every month but I don't want to lose my stuff either.
13 ANSWERS
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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If you want to make this easy on yourself, open an estate, become the personal representative and get the keys.
Answered on May 24th, 2013 at 1:06 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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I believe you have asked this question before. Either that, or someone recently posted almost identical facts. At any rate, the facility does not know how to handle you. Because the units are not in your name, they need to be careful. You cannot get a POA, because your fiance is not alive to give it to you. They are seeking some kind of official document that will protect them from liability. The fact that the daughter is willing to consent to this is helpful. One option might be to use a small estate proceeding, if the value of the assets is under $20k. You do not even need to go to court for some of these proceedings.
Answered on May 24th, 2013 at 1:05 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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You need a couple things.. it will be easier with an attorney You need a true copy of his death certificate..and you need a notarized statement from his daughter stating that she is is only heir and that she assigns you all her right title and interest in the the property in the storage units and giving you permission to enter them. If they will not accept that you need to file a formal probate procedure, become the personal representative of the estate and then claim the storage units.
Answered on May 24th, 2013 at 12:19 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Bring them a 13150 affidavit.
Answered on May 23rd, 2013 at 2:49 PM
General Practice Attorney serving Coeur d'Alene, ID
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Michael B. McFarland, PA
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If you keep getting the run around, you should consider having yourself or your late fiance's daughter appointed as personal representative in informal probate proceedings. Talk to an attorney experienced in probate law.
Answered on May 23rd, 2013 at 2:48 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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I would say file a Small Estate Affidavit (if the stuff that is his is worth less than $75,000). But I also think you could sue the storage owner for conversion, if your things are in the storage as well the storage agreement probably says you can't, but I gather you didn't sign that agreement, did you? Otherwise, they wouldn't have locked you out. I bet there's a lawyer in your town who could sort this out for a lot less than the cost of continuing to pay storage fees.
Answered on May 23rd, 2013 at 2:47 PM
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Have the daughter complete the attached Affidavit and take it to the storage unit with the Death Certificate. Have her state in the affidavit that she is the person entitled (No 7. on the form) but that assigns her interest to you. Describe the storage units in No 6 with specificity including the size of the unit, the unit number and your fiancee's name as the owner. If that doesn't work, see a local attorney. I am sure paying an hour of an attorneys time to write a letter would be cheaper than continuing to pay the storage.
Answered on May 23rd, 2013 at 2:02 PM
You should contact the police department and the governmental entity which licenses the business. If those don't work, file a lawsuit for claim and delivery in small claims court.
Answered on May 23rd, 2013 at 2:02 PM
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I suggest that you go the self-help center at the Clark County Courthouse or go on line and complete a small estate affidavit. If that that does not work you may need to hire an attorney. If you cannot afford one you can apply for help through the Legal Aid Center of Southern Nevada if you reside in Southern Nevada.
Answered on May 23rd, 2013 at 2:02 PM
You may need to file a claim against the estate if you can't come to a settlement with the Personal Representative.
Answered on May 23rd, 2013 at 2:01 PM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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Make an appointment with the daughter to see an attorney. He will prepare an affidavit of successor's interest for the units for his daughter and a bill of sale from his daughter to you for the items in the storage units. This will allow you to access the units and change the name on the units to your name.
Answered on May 23rd, 2013 at 2:01 PM
Personal Injury Attorney serving Midvale, UT
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Arrow Legal Solutions Group, P.C.
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You should first try to get access by getting one of the children to sign "small estate's affidavit" and go and get access with you to retrieve your property. Going through an attorney will help make it more official. If that doesn't work you need to open up a probate to get your stuff. If your stuff is worth less than the cost of the probate, I guess you have to decide if the sentimental value worth the effort.
Answered on May 23rd, 2013 at 2:01 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Since he has been deceased for more than 60 days anyone can open an estate or get a small estate affidavit from the Register of Wills, then you will have the authority to get into the unit.
Answered on May 23rd, 2013 at 2:00 PM