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?
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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 9 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.
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