Re: Unable to Claim Loaned/Stored Equipment from Deceased's Apartment
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.
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?
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.
I have an email from him expressing his desire to unload all of the equipment and that I can pick it up "any time".
In other words; it doesn't prove you own what is spoken of.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.