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12/12/2016

What is the legal procedure for us to follow in order to protect the deceased tenant's property?

Highway 69 Storage - Mary Wiegold

We have a tenant who recently passed away. The rental agreement does not show any other authorized users or names on the agreement. Tenant's son has called and is requesting information and unit access. What is the legal procedure for us to follow in order to protect the deceased tenant's property?

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3 Comments

Kevin Leebrick on Wednesday 12/14/2016 at 05:06PM wrote:

I would ask for a letter stating power of attorney for the said tenant. If they don't have this some form of probate records stating they are allowed access to unit. In the mean time I would notify said son that he should continue to pay until he can furnish the needed documents.

Highway 69 Storage on Thursday 12/15/2016 at 09:02AM wrote:

Thank you for your reply. We have requested the POA from the deceased tenant's son. We have also requested info regarding who is the Executor of the Estate. The estate is in a trust so there may be additional info that will identify the proper legal representative.

Doug Pierce on Thursday 01/05/2017 at 05:35PM wrote:

A Power of Attorney is only good if the person is still alive. You will need the son, or whoever else might claim the customer's items, to produce a judge's proclaimat ion showing the "executor of the customer's estate". That document states the court appointed person in charge of the space, and the customer's estate. No Will or Power of Attorney is valid. The estate has to be assigned to someone by the courts to make it legal. I would also encourage the son to continue to pay on the space. They don't want it to go delinquent, because you can still sell it at auction. Hope that helps.

Disclaimer: The opinions expressed in the comments shown above are those of the individual comment authors and do not reflect the opinions of this organization.