If my belongings are in an apartment but my name is not on the lease, what rights do I have regarding getting my things?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my belongings are in an apartment but my name is not on the lease, what rights do I have regarding getting my things?

I lived with my partner for 3 years. He died unexpectedly while we were out of the country. His brother, who is the administrator of his estate, is making it difficult for me to retrieve my belongings from the apartment.

Asked on June 5, 2018 under Estate Planning, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are entitled to any of your own property: being on the lease is 100% irrelevant to ownership of the items/belongings. If he will not return them to you, sue him as executor and also name your partner's estate in the lawsuit, for the value of the items (without getting into details, it is procedurally easier and often less expensive to sue for monetary value rather than for specific items). The case can then be settled by the return of your belongings.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You are entitled to any of your own property: being on the lease is 100% irrelevant to ownership of the items/belongings. If he will not return them to you, sue him as executor and also name your partner's estate in the lawsuit, for the value of the items (without getting into details, it is procedurally easier and often less expensive to sue for monetary value rather than for specific items). The case can then be settled by the return of your belongings.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption