QUESTION

Storage Company wants rent+late fees, AND locked me out. Not yet Executor, I can't pay. How do I not lose Dad's things?

Asked on Jul 04th, 2020 on Estate Planning - Connecticut
More details to this question:
Dad died on the 13th of May. At month's start, he'd always auto-paid his storage (for flea market stuff he sold) rental fee --nearly $400-- with one credit card he had just for that purpose After Social Security was notified of his death, that credit card company closed that account, so the storage hasn't been paid. (I'd told them later in May that he'd died, I was named executrix, but we all had to wait for the probate process before I could access any of his money to pay any of his debts, hoping they'd understand.) A week into June they called and told me that rent was late+there's a 20% late fee on top of it. (His other storage costs less than $80, and had another space open.) Maybe a week later, I went to get his stuff out & over to the new storage, but when I got there, I found I was locked out. Don't things "freeze" as of Date of Death, so creditors can't charge late fees? Do I have any recourse? I'm still grieving, now feel "screwed over" by them as well.
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
While credit card companies in particular often forego interest and late fees after the date of death, there is no law requiring a creditor to do this.  In addition, it is likely that the agreement which your father signed with the storage facility allows it to seize his goods for nonpayment.  Get your Letters Testamentary and take them over with a check for the full amount to access and remove the stored items. 
Answered on Jul 05th, 2020 at 5:15 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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