If my belongings are in an apartment but my name is not on the lease, what rights do I have regarding getting my things?
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If my belongings are in an apartment but my name is not on the lease, what rights do I have regarding getting my things?
I lived with my partner for 3 years. He died unexpectedly while we were out of the country. His brother, who is the administrator of his estate, is making it difficult for me to retrieve my belongings from the apartment.
Asked on June 5, 2018 under Estate Planning, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You are entitled to any of your own property: being on the lease is 100% irrelevant to ownership of the items/belongings. If he will not return them to you, sue him as executor and also name your partner's estate in the lawsuit, for the value of the items (without getting into details, it is procedurally easier and often less expensive to sue for monetary value rather than for specific items). The case can then be settled by the return of your belongings.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You are entitled to any of your own property: being on the lease is 100% irrelevant to ownership of the items/belongings. If he will not return them to you, sue him as executor and also name your partner's estate in the lawsuit, for the value of the items (without getting into details, it is procedurally easier and often less expensive to sue for monetary value rather than for specific items). The case can then be settled by the return of your belongings.
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