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witchey_pooh · Nov 10, 2009, 01:54 PM

My Mom passed away a few years ago. I moved back home to help my step-dad get things in order and eventually moved out of state. I asked him if he would like to use my dressers and nightstand until I returned - he did so these items were left behind. There was never any discussion about how long this may be but I did tell him that I would be back for the dressers eventually. About a year after I left, he downsized to an apartment and put my dressers in storage along with things of my Mothers' and his items in storage. Unfortunately we have had a falling out and he won't speak to me or my brother. I have left him numerous messages over the last month requesting a meeting so that I can get my things out of his storage or to at least help pay for the storage unit so that I am not a burden on him. He has not returned any of my calls - what can I do and do I have any rights to my Mother or maternal Grandmother's things that he has stored away?

N0help4u · Nov 10, 2009, 03:53 PM

Only thing you can do is take him to court but then it most likely will be your word against his word.

Fr_Chuck · Nov 10, 2009, 06:18 PM

If you were left anything in the will of your mother, or when her estate went into probate where you given anything. Then you have 'rights" to something.

As for as your property, when he down sized or when you had a falling out, that is the time to do something.

At this point, you only sue him for the value.

N0help4u · Nov 10, 2009, 06:27 PM

Yeah, IF she has proof sounds to me like she doesn't.

witchey_pooh · Nov 12, 2009, 10:34 AM

Mother did not write a will unfortunately. I did however find out that he has me listed on the storage unit - but I do not have a key. I am trying to find out if I have legal access to the unit now or if only in the event of death (GOD forbid).

Jake2008 · Nov 12, 2009, 12:40 PM

You need a paper trail.

If you have records of your phone calls to him that were not returned, and can hard copy email, start a file.

I would also send him a registered letter, outlining everything you've said here, including the fact that your belongings were only loaned to him (the furniture), and tell him that you expect to be able to pick up what is rightfully yours.

Make a list of what is rightfully yours.

Follow that up in 10 days, with another registered letter, requesting a response to your first letter, otherwise, by such and such a date, say 30 days from the mailing of this final letter, you will take him to small claims court.

Then do it.

dontknownuthin · Nov 12, 2009, 08:52 PM

If your name is on the storage contract you can probably go there and show identification and ask them to give you access. They probably can let you in as they must retain keys in case of fires or other disasters, and because some people stop paying and disappear - they have to be able to eventually empty these abandoned items out.

As for your rights, absent your mother's will, her belongings would likely be left to her husband. You could fight him but they'd have to be awefully valuable dressers to make it worthwhile.

I'd suggest that you try to mend fences in any event - people can easily say or do the wrong things when they are grieving in different ways. If he won't speak to you, write him.