Apartment Sealed - Need my Stuff!

[LawQuestion15]

What is the name of your state (only U.S. law)? New York

My girlfriend passed away 12/14, and her apartment was sealed. I had my laptop, and all personal affects there, as I was living with her 3-4 weeks out of the month. Her family and I had our differences, so gaining access to the apt was going to be tough anyway, however, now I've been informed by her family that her Ex, who was friendly with her family, has resurfaced and is using a sham of a marriage license that they got in North Carolina on New Years Eve 2000 as proof that what's in the apt is all his!! So the family told me it's not sealed by police now, but as a civil case. I know she had the papers and she was trying to finish the divorce and get him out of her life for good. I need my stuff; What can I do?

 

[Just Blue]

What is the name of your state (only U.S. law)? New York

My girlfriend passed away 12/14, and her apartment was sealed. I had my laptop, and all personal affects there, as I was living with her 3-4 weeks out of the month. Her family and I had our differences, so gaining access to the apt was going to be tough anyway, however, now I've been informed by her family that her Ex, who was friendly with her family, has resurfaced and is using a sham of a marriage license that they got in North Carolina on New Years Eve 2000 as proof that what's in the apt is all his!! So the family told me it's not sealed by police now, but as a civil case. I know she had the papers and she was trying to finish the divorce and get him out of her life for good. I need my stuff; What can I do?

Please clarify the bolded. Thank You
Blue

 

[Silverplum]

What is the name of your state (only U.S. law)? New York

My girlfriend passed away 12/14, and her apartment was sealed. I had my laptop, and all personal affects there, as I was living with her 3-4 weeks out of the month. Her family and I had our differences, so gaining access to the apt was going to be tough anyway, however, now I've been informed by her family that her Ex, who was friendly with her family, has resurfaced and is using a sham of a marriage license that they got in North Carolina on New Years Eve 2000 as proof that what's in the apt is all his!! So the family told me it's not sealed by police now, but as a civil case. I know she had the papers and she was trying to finish the divorce and get him out of her life for good. I need my stuff; What can I do?

My sympathies for your loss.

Info on suing him for your stuff:
http://www.nycourts.gov/courts/nyc/smallclaims/

 

[LawQuestion15]

Please clarify the bolded. Thank You
Blue

Basically:
My Laptop
My key chain with my house keys
Bag with Computer-work tools
Tablet
Mouse
USB Cables
Zipper cases with adapters
Graded Sports Cards and Coins

All of which I have pictures of and some of which I have receipts

 

[justalayman]

where did you stay the other 1-2 weeks a month?



is her estate being probated?

has resurfaced and is using a sham of a marriage license that they got in North Carolina on New Years Eve 2000 as proof that what's in the apt is all his!! So the family told me it's not sealed by police now, but as a civil case. I know she had the papers and she was trying to finish the divorce and get him out of her life for good.

a marriage license isn't proof of anything other than somebody filed for a marriage license.

but apparently she didn't believe it was a sham marriage license given the fact she was in the process of a divorce.


regardless, your property does not become hers or subject to distribution under probate. The problem; can you prove whatever you claim is yours is actually yours?

 

[LawQuestion15]

Thanks.
I have a place in Queens I stayed when it was my weekends with my son. Easier in Queens vs. the city with him, etc, etc.

However, her sister was taking over the estate, then he put in his claim.

So I should dig out all physical proof and receipts for my property, and then what do I do?
I don't know any of his contact info.

The family did ask me for proof showing she was in process of asking him to get the damn papers signed, which he kept putting off. Since I was there so much, everything was conversation vs. text or E-mail from her to me about it.

 

[Silverplum]

Thanks.
I have a place in Queens I stayed when it was my weekends with my son. Easier in Queens vs. the city with him, etc, etc.

However, her sister was taking over the estate, then he put in his claim.

So I should dig out all physical proof and receipts for my property, and then what do I do?
I don't know any of his contact info.

The family did ask me for proof showing she was in process of asking him to get the damn papers signed, which he kept putting off. Since I was there so much, everything was conversation vs. text or E-mail from her to me about it.

Her intent or plan does not matter: what matters is her legal marital status at the time of her death.

 

[LawQuestion15]

So if she was legally married, per the State of North Carolina, what claim does he (who is in the process of remarrying someone) have on my personal property in an apartment in New York that he was not living in for over 4 years, and why/how long will this keep the apartment "sealed"?

 

[OHRoadwarrior]

I would make a list of what you have receipts for a file a claim with the probate court for return of those assets.

 

[Silverplum]

So if she was legally married, per the State of North Carolina, what claim does he (who is in the process of remarrying someone) have on my personal property in an apartment in New York that he was not living in for over 4 years, and why/how long will this keep the apartment "sealed"?

Assuming she passed away with no will, the NY law of succession, simply explained: http://www.nolo.com/legal-encyclopedia/intestate-succession-new-york.html

I don't know about how long the apartment will be sealed, but someone else might.

 

[LawQuestion15]

Thanks, but I'm getting nervous reading that link. The guy is a deadbeat junkie and he stepped in it now, it seems.

 

[You Are Guilty]

Is that list of your stuff worth less than $5k? And maybe more to the point, do you want that specific stuff back, or do you want the value of that stuff (i.e. $$) awarded to you?

That will dictate what court you need to file in.

 

[LawQuestion15]

Well, it's under $5,000, and I definitely want my stuff back instead of the value, for sure

 

[LawQuestion15]

Are you still with me?

 

[LdiJ]

This may sound like a stupid question, but since you obviously had a key to the apartment, why didn't you remove your obviously very portable stuff before the apartment was sealed?...and if you had a claim of residency in the apartment, why didn't you fight it being sealed at all?