QUESTION
Is my girlfriend responsible for the contents of the storage?
Asked on Oct 13th, 2013 on Estate Planning - Washington
More details to this question:
My girlfriend and her brother were listed as owners of a storage unit. Her brother passed away. Her family wants to sell everything in the unit and didn't ask her what she wants to do. There aren't any bills or documents saying what her brother owned in the storage unit. She is devastated by the loss of her brother. The family said since she wasn't able to pay for any of the funeral, she wasn't entitled to any of the items in storage. Her name was on the storage unit, isn't she responsible for the contents and to have a say on what’s to be done? I think the family already has sold some of the contents. Her brother had no will or any other assets and died Oct 1, 2013.
9 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, she certainly has a say. You'd have to analyze the descent to know who actually owns brother's things, but if there are things of sister's in storage then certainly she should be a part of any decision. BUT I know what's in my storage unit. There isn't anything there worth starting a war with my family. Your girlfriend should work on repairing what appears to be some bad blood in the family. In the end, you can't take stuff with you; all you have, really, is your family and your friends.
Answered on Oct 15th, 2013 at 4:35 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Since girlfriend didn't pay the rental on the unit, the storage facility could foreclose on the unit and auction the contents; even though his parents paid for the rental, she has the right to instruct the unit facility to stop or prevent any entrance to the unit, and change the locks.
Answered on Oct 15th, 2013 at 4:21 AM
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Yes, your girlfriend may have a claim as co-owner. She may have to start a probate estate to sort out her claim.
Answered on Oct 15th, 2013 at 4:20 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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There is more information needed. Was anything in the storage the sister's? If there is no estate, then no one has legal authority to remove items. It would seem that the sister would at the very least have a claim against the estate for the cost of the storage.
Answered on Oct 15th, 2013 at 4:12 AM
Although her name is on the storage unit, it doesn't necessarily mean that she owns or has any claim to the all contents therein. She does have every right to the things in the unit that she owns . She has no legal obligation to pay for her brother's funeral. But creditors also have a right to be paid from the assets of his estate and his items in the storage unit can be sold to raise the money for that purpose.
Answered on Oct 15th, 2013 at 4:09 AM
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This is an unfortunate situation but the sister is only entitled to HER property out of storage and I suggest she get it out ASAP. If it is sold, recovering money for the items sold will not be cost effective and she will likely lose it. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum.
Answered on Oct 15th, 2013 at 4:06 AM
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Funeral expenses are among the highest priority to be paid. It is difficult to state who can do what based upon the facts presented. I suggest that she meet with an attorney and bring along all available paperwork. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Oct 15th, 2013 at 2:07 AM
How did the family can access to the storage locker? Did they open a probate estate and get authority to sell its contents? Whether or not she participated in paying funeral costs is irrelevant. She is legally presumed to be at least a co-owner of everything in the storage unit that can be overcome only by good evidence otherwise. She should immediately consult legal counsel. In Michigan, her brother's spouse and children are natural heirs. If none, his parents are natural heirs.
Answered on Oct 14th, 2013 at 2:33 PM
Thomas Edward Gates
Your girlfriend had no obligation to pay for the funeral. Since she is listed as a signer of the lease, she alone now determines what to do with the property. She should immediately retain an attorney to assist her.
Answered on Oct 14th, 2013 at 2:30 PM