Unable to Recover My Equipment from Deceased's Apartment

**envisionelec** · 08-30-2012, 06:52 PM

My question involves personal property located in the State of: Ohio

My close friend recently passed unexpectedly and his girlfriend was evicted from the premises. I (unrelated to either my friend or his girlfriend) am storing some very expensive (serial/model documented) test equipment in his apartment as part of a business deal we shared. I have an email from him expressing his desire to unload all of the equipment and that I can pick it up "any time". Unfortunately, he took his life before I had the chance to fulfill that request. I also had a high-end audio amplifier and a bicycle worth recovering, but no proof of ownership of those two items.

Within three days of learning of my friend's death, I contacted the apartment complex with the concern and request to remove my property. They claimed that the legal (probate) process was already underway. I contacted my attorney who advised that this claim was completely false - no legal action had been taken according to his research. The apartment complex is unmoved. My attorney advises that I call the apartment complex and make a final request with the information that I can (and will) file a stolen property complaint. Am I missing something? Wouldn't the managers want me to remove my property - it's less stuff they have to deal with.

Confused.

jk · 08-30-2012, 07:05 PM

My attorney advises that I call the apartment complex and make a final request with the information that I can (and will) file a stolen property complaint. Am I missing something?

Ya, you're missing a lot. I don't know what attorney you spoke to but a stolen property complaint is way way off the mark.

The property in the apartment is either the decedents or the gf's unless you have proof otherwise. Regardless of that, the property management cannot allow anybody to willy nilly walk in and take what they claim to be theirs. They would be liable if the person really didn't own what they claimed.

Your action is to file a claim with the executor or personal representative if somebody opens probate. If not, you can go open probate but you get to do the whole thing, not just enough to get your property.

I have an email from him expressing his desire to unload all of the equipment and that I can pick it up "any time".

and that is not proof it is your property. It is proof he sent you an email saying you can pick up whatever. It doesn't prove you were not required to pay something for it when you picked it up or that you were giving something in return for the property he held.
In other words; it doesn't prove you own what is spoken of.

**envisionelec** · 08-31-2012, 03:52 PM

Quoting jk

Ya, you're missing a lot. I don't know what attorney you spoke to but a stolen property complaint is way way off the mark.

The property in the apartment is either the decedents or the gf's unless you have proof otherwise. Regardless of that, the property management cannot allow anybody to willy nilly walk in and take what they claim to be theirs. They would be liable if the person really didn't own what they claimed.

Your action is to file a claim with the executor or personal representative if somebody opens probate. If not, you can go open probate but you get to do the whole thing, not just enough to get your property.

and that is not proof it is your property. It is proof he sent you an email saying you can pick up whatever. It doesn't prove you were not required to pay something for it when you picked it up or that you were giving something in return for the property he held.
In other words; it doesn't prove you own what is spoken of.

Let me see...you're not an attorney, but you're questioning the attorney's advice. You also didn't read my post - I have documentation and proof of ownership including Serial numbers, cancelled checks and the original purchase contract.

Stay classy.

jk · 08-31-2012, 04:01 PM

Quoting envisionelec

Let me see...you're not an attorney, but you're questioning the attorney's advice. You also didn't read my post - I have documentation and proof of ownership including Serial numbers, cancelled checks and the original purchase contract.

Stay classy.

Yep, I read your post. You apparently didn't read mine. The apartment manager cannot allow people to take anything from the apartment PERIOD. It is illegal to take anything from the premises that is now part of an estate, even if you have proof of ownership. There are proper channels you must go through to claim your property and so far, you have done nothing to get there.

and your proof is not proof of current ownership. It is proof you owned it at one time. Things can change anytime.

Actually, by your own statement, it appears the decedent was claiming ownership:

I have an email from him expressing his desire to unload all of the equipment and that I can pick it up "any time".

why would he have to "unload" equipment that he didn't own. Unloading is generally accepted as a term meaning to sell or some other way of transferring ownership to another party. If it was yours, he would have no reason to unload it but merely: come get your stuff. It's in my way.