What are my boyfriend’s rights if he stored some of his tools in a friend’s storage unit before he moved to out of state but now his friend has died?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my boyfriend’s rights if he stored some of his tools in a friend’s storage unit before he moved to out of state but now his friend has died?

He drove out there this week to retrieve the tools, only to discover that his friend had passed away last month. He is listed as authorized to access the storage unit, but does not have a key. The facility is requiring that his friend’s mother or estate executor be on site to open the unit for him. The mother will not speak to him, and refuses to help. He’s been in contact with the police about it, but the detective that he spoke to this morning is not returning his calls. What can he do to get his tools back? They are worth thousands of dollars, and he fears the mother is going to sell them, if she hasn’t already.

Asked on July 17, 2014 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your boyfriend needs to file a lawsuit against the estate, asking for a judge to order that his tools be released to him. He'll need to have some way to prove those are his tools--he use his own testimony, but the case will be stronger is he has receipts; photographs; emails or correspondence from the dead friend acknowledging that he was storing tools; or at least the testimony of other people, in addition to himself, that those were his tools. Asking for a court order like this is not as simple as suing someone in small claims court for money; your boyfriend is advised to retain an attorney to help him.


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