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Theft of Deceased Person's Property

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skjordan

Junior Member
What is the name of your state (only U.S. law)? Texas

My 31-year-old, never-married daughter, with no children committed suicide in July. Her father is also deceased. In addition, she has no siblings. She left no Will or "suicide note". At the time of her death, all of her property (valued at a mere $2500.00) was stored in a self-storage facility. The manager of the facility was notified, by a non-family member/roommate, that my daughter had died and stated that she needed to gain access to the storage unit. The manager insisted, via telephone, that the roommate NOT bring a Death Certificate to the facility or she could not allow access to the roommate. There was an approximate $300 balance due on the account. The manager had previously placed a "red lock" on the unit because of the past-due balance. This all occurred without my knowledge and happened a few days after the funeral. I had not had ample opportunity to begin to deal with this situation. The manager told the roommate she needed to collect the money due on the account. The roommate did not have the funds to pay the balance so she brought 2 other non-family members (persons #2 and #3) with her to the facility. The manager accepted payment from person #3, with full knowledge that my daughter was dead, then advised her employee to remove the "red lock". The roommate had retrieved the key to my daughter's lock from my daughter's purse. The 3 non-family members went to the unit with the employee. The unit was then fully unlocked. The roommate retrieved the one item that my daughter's grandmother had asked her for. Persons #2 and #3 then threatened the roommate with bodily harm if she did not leave the premises. Persons #2 and #3 then stole all of my daughter's property with the assistance of a U-Haul truck. It is important to note that the store manager, who allowed the theft to take place, knows me personally as a customer and knew the decedant was my daughter. The store manager has my contact information. My question is, was it illegal, once the store manager was notified that my daughter had died, to accept payment on and allow access to these people who stole my all of my daughter's property? I filed an insurance claim in hopes of some restitution. They denied my claim because "the unit was not broken in to". What should I do? What are my rights? Thank you.What is the name of your state (only U.S. law)?
 


tranquility

Senior Member
Until probate is opened, you have no rights. I don't even think you can report things to the police as you are not the owner.

If you open probate, you then may have standing to do something. Until then, I don't think so.
 

justalayman

Senior Member
Until probate is opened, you have no rights. I don't even think you can report things to the police as you are not the owner.

If you open probate, you then may have standing to do something. Until then, I don't think so.
a person does not have to "have standing" to report a crime. Anybody can report a crime. Of course, due to the lack of standing, OP cannot argue on behalf of the estate but they can surely be a concerned bystander.
 

tranquility

Senior Member
While anyone can report a crime, only the owner or his representative can say if something was "stolen".

The police will not act on this report if made.
 

justalayman

Senior Member
While anyone can report a crime, only the owner or his representative can say if something was "stolen".

The police will not act on this report if made.
I don't agree. Maybe in big cities where drug deals on the corner get ignored because somebody is getting killed a block away it will be ignored but in an area such as where I live, it would be investigated.

The police can conclude it was stolen since the owner is deceased.
 

tranquility

Senior Member
The police can conclude it was stolen since the owner is deceased.
No, they can't. Say they actually care. Say they do an investigation and find the guy(s) who did it. Can they arrest?

I guess we'll have to wait for Carl to convince you. He's been in both big and small cities.
 

justalayman

Senior Member
No, they can't. Say they actually care. Say they do an investigation and find the guy(s) who did it. Can they arrest?

I guess we'll have to wait for Carl to convince you. He's been in both big and small cities.


Ah, so if a person dies and there are no heirs, I can take everything they owned legally? I'll have to keep my eye out on the obits. I sure could use a new car. Heck, I guess it's all fair game if there are heirs and they don't open probate, right?
 

tranquility

Senior Member
Ah, so if a person dies and there are no heirs, I can take everything they owned legally? I'll have to keep my eye out on the obits. I sure could use a new car. Heck, I guess it's all fair game if there are heirs and they don't open probate, right?
There's always an owner. Once we find out who it is, or who represents them, then we know we may have a crime.

By the way, who owned the stuff in the storage area?

Are you sure?
 

justalayman

Senior Member
There's always an owner. Once we find out who it is, or who represents them, then we know we may have a crime.

By the way, who owned the stuff in the storage area?

Are you sure?
who cares who owns it? The manager had no authority to enter the unit much less allow property to be removed from it. It doesn't matter if everything that was taken was taken by its rightful owner. The manager does not have the right to determine if the person renting the unit had a legal right to hold the property or not and by allowing others to take property that is claimed to be theirs, that is exactly what he did.
 

tranquility

Senior Member
who cares who owns it?
Do you want me to go through the larceny statutes and explain? It's kinda like a major part of the basic elements of the offense.

The manager had no authority to enter the unit much less allow property to be removed from it.
OK. Say it is true (I don't agree, but, let's say.), what is the crime? What will the police put in the box at the top of the report?

The manager does not have the right to determine if the person renting the unit had a legal right to hold the property or not and by allowing others to take property that is claimed to be theirs, that is exactly what he did.
I believe the kiss off you would receive from the nice young men in blue who came because you wanted to report this is, "It's a civil matter."
 

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