My mother in law has passed away. She had a storage unit (in her mentally handicapped sons name) I don't know what's inside and honestly having a hard time paying my own household bills right now. What can I do to make this right? I can't afford to pay the 4 months of fees that have piled up.. My husband an I don't even have a key or access to the unit. I don't know where to start.

You don't have to pay. No one who is not on the contract has to pay.
Your first step is to contact the storage place and let them know the details of the death and the handicap. They may not be willing to tell you much, especially over the phone, but you can find out the state law regarding eventual auction/disposal of the contents.

If the son was able to use the unit on his own, I would think that he is competent to tell you what's in there and where the key is.

After 4 months of non-payment, I'm guessing that the unilt is locked by the management. So even if you had the key you wouldn't be able to get in to see what's in it.

As Joy has indicated, neither you nor your husband has to pay the past-due fees. On the other hand, they have what is called a possessory lien: if they are not paid they don't have to let you in.

Is your husband's brother (the mentally handicapped son in whose name the unit was rented) legally incompetent? If so, the storage contract may be invalid. It might not play out in a court of law, but it might be worth politely makng that point with the storage people in the hope that they will cut a deal with you.

And of course, if you cannot find your MIL's key, padlocks can be cut off. But don't try that with their padlock. You can get in serious trouble doing that.

The son lives in Chicago area and the unit is in NJ. I can tell you this.. it isn't his unit he's been handicapped his whole life. Is he responsible for this unit.. as his now guardians we assume he ( WE) are.

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Originally Posted by AK lawyer

After 4 months of non-payment, I'm guessing that the unilt is locked by the management. So even if you had the key you wouldn't be able to get in to see what's in it.

As Joy has indicated, neither you nor your husband has to pay the past-due fees. On the other hand, they have what is called a possessory lien: if they are not paid they don't have to let you in.

Is your husband's brother (the mentally handicapped son in whose name the unit was rented) legally incompetent? If so, the storage contract may be invalid. It might not play out in a court of law, but it might be worth politely makng that point with the storage people in the hope that they will cut a deal with you.

And of course, if you cannot find your MIL's key, padlocks can be cut off. But don't try that with their padlock. You can get in serious trouble doing that.

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Please don't misunderstand or get the wrong impression.. we would do the right thing by making the bill current and empty the unit.. it's just that we have no financial means to do so. We would be willing to "loose" whatever is in the unit, we just aren't certain what the next step in as far as him being sued etc.

You said your MIL put it in his name, but also say it isn't his? Not sure what that means.

If it's in her name, you do nothing. If it's in his name, you either tell the storage place that the son knows nothing about it and never did, and that his mother rented it and is gone, and so on - or you just let it default.

Storage lockers don't provide locks. They are up to the renter. When the legal time for auction has been reached, which could easily be about now, the lock is cut. Storage facilities don't sue as far as I have ever known - they hold auctions. You could even go anonymously.

You have no reason to feel responsible.

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Originally Posted by Jerseylaur

The son lives in Chicago area and the unit is in NJ. I can tell you this..it isn't his unit he's been handicapped his whole life. Is he responsible for this unit..as his now guardians we assume he ( WE) are.

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Please clarify Did he rent it or did his mother? As I previously indicated, if he is legally incompetent, he didn't have the legal capacity to enter into this contract. If so, it's unenforceable; null and void.

Have you become his guardians by order of a court, or did you simply take on the duty of looking after him after the death of his mother? In the former case, it is not likely that you succeed to such contractual obligations. In the latter case, I'm almost certain that you don't.

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Originally Posted by Jerseylaur

Please don't misunderstand or get the wrong impression..we would do the right thing by making the bill current and empty the unit..it's just that we have no financial means to do so. We would be willing to "loose" whatever is in the unit, we just aren't certain what the next step in as far as him being sued etc.

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But, I gather, you would rather know if there is anything valuable there before you give it up. Again, no. You are not liable and in most cases storage places like this don't sue anyway. They simply follow the rules and sell the stuff to pay off the debt.

Also, the geography is unclear. The storage unit is in New Jersey, and your brother-in-law is in Chicago. Where are you?

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Originally Posted by AK lawyer

Please clarify Did he rent it or did his mother? As I previously indicated, if he is legally incompetent, he didn't have the legal capacity to enter into this contract.

Have you become his guardians by order of a court, or did you simply take on the duty of looking after him after the death of his mother? In the former case, it is not likely that you suceed to such contractual obligations. In the latter case, I'm almost certain that you don't.



But, I gather, you would rather know if there is anything valuable there before you give it up. Again, no. You are not liable and in most cases storage places like this don't sue anyway. They simply follow the rules and sell the stuff to pay off the debt.

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We assume she rented it in his name. He has been mentally handicapped his whole life. All we know is a bill for a storage co in NJ comes once a month by mail. He lives in a type of home for handicap men in IL I have never been through a situation like this and was uncertain of the legal steps.

I'm not a legal expert, and I'm also in Canada, so I'm not 100% sure of the laws in the US.

When my parents died I was the executor of the will. As such I was responsible for paying for any bills that were due, and cancelling any contracts they could obviously no longer fulfill due to their death.

Who is the executor of your MIL's estate?

Here's the issue I see. The executor is only responsible to handle any outstanding debts from the deceased person. If this storage unit isn't in her name, it's not her debt. Therefore the estate isn't responsible for paying it, the person whose name is on the contract is responsible.

Therein lies the problem. How can a mentally incompetent person enter into a contract?

Are you the executor of the will? Is that why you're concerned about this?

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Originally Posted by Alty

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When my parents died I was the executor of the will. As such I was responsible for paying for any bills that were due, and cancelling any contracts they could obviously no longer fulfill due to their death.
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Are you the executor of the will? Is that why you're concerned about this?

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An executor is only responsible to pay legitimate bills, and only out of the assets of the estate.

If the decedent had no assets creditors are out-of-luck.

In any event, it is not the OP's personal responsibility, whether she is the personal representative.

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Originally Posted by AK lawyer

An executor is only responsible to pay legitimate bills, and only out of the assets of the estate.

If the decedent had no assets creditors are out-of-luck.

In any event, it is not the OP's personal responsibility, whether or not she is the personal representative.

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I agree. But I'm wondering why she's concerned about this if a) she's not the executor of the will and b) it's not even in the deceased's name.

Frankly, I'm wondering why she's even involved in this at all.