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And I only have 6,000.00 filed back for debt, I removed my mothers personal property and put it in storage, all that was put in storage was a few boxes and musical keyboard and excercise bike. I am the personal representative. State laws say that if there is less than 10,000.00 in debt I can file for settlement, however until the debt is paid the estate will not be closed. But my question is, I have not paid on the storage and they are telling me they are going to sell the things at an auction, Can they do this when the estate is still open? Please keep in mind I put the things in storage after my mother passed, she did not have the storage prior to her death. I need websites or creditable answers only please.

2007-04-02 04:29:58 · 4 answers · asked by jonni_richter 2 in Politics & Government Law & Ethics

I am actually the storage company and having issues with a hypothetical situation, so if there is a website that anyone knows of for helpful information that would be so great, and I apologize for being incorrect on the grammar side of things.

2007-04-02 04:56:45 · update #1

4 answers

Why do you think you shouldn't have to pay the storage facility? They have nothing to do with the estate, they are a business.

2007-04-02 04:35:01 · answer #1 · answered by Anonymous · 1 0

Hypothetically, if you were "a soul heir" to anything, you would be grammatically incorrect and dead. You can't be "a" sole heir. You can be "the" sole heir.

You signed the storage agreement either personally or as the estate's personal representative. Either way, if the storage place is not paid, they can sell the contents. If that is not enough to pay the storage charges, they can go after the estate assets or you and your income and assets. If you fail to pay the debts or take the necessary steps to have the estate declared insolvent, you may well be responsible for all the debt, not just the storage fees.

I don't know why you want to play games with this. Get a probate lawyer or get trouble.

2007-04-02 04:42:22 · answer #2 · answered by thylawyer 7 · 1 1

Under state warehouseman's laws they have the right to sell the contents of storage warehouses/lockers/rooms, for which bills are unpaid. It doen't matter who owns them. If you took the lease under the estate's name the estate is liable for the rental. If you took it under your name, you are. But in any event the contents can be sold to satisfy the rental bill. In fact, the creditors may sue YOU personally for failing to maintain the estate assets by allowing them to be sold for non-payment -- tho' it is not likely, considering the sums involved, they would do so.

2007-04-02 04:52:59 · answer #3 · answered by Anonymous · 1 0

Your mother's death is irrelevant to your renting a space. You are responsible for the rent.

2007-04-02 04:34:59 · answer #4 · answered by dtwladyhawk 6 · 1 0

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