Legal Question in Credit and Debt Law in Massachusetts

I have a farm and for the last 12 yrs I have let a friend store his camper trailor on my property for a fee of $100.00 per yr. I have not heard from him in 3 yrs. Recently his wife showed up and told us he died Oct. 2008. Hi new wife said she was going to sell the camper to a person she brought with her that day. I said , Tom her husband owed back rent and she should talk to my wife , who claims the rent was so low that she had an verbal agreement with Tom the deceased womens husband. The renter said she gave the keys to the buyer she brought with her but she would ask for them back and sell the trailer to us. Later she called and said she changed her mind. Can we collect the back rent before releasing the unit? The buy out is $1000.00 and we offered her the same amount , but she said she was coming for her trailer. What can we do?


Asked on 8/02/10, 11:22 am

1 Answer from Attorneys
ERNEST BIANDO LAW OFFICE OF ERNEST T. BIANDO, LLC

You would have to sue the estate, if any for the funds due-chances are there are no funds in the estate and as such you would get nothing. The question becomes whos name is the trailer in-if the husbands (original owner) then she needs something from the probate court allowing her to calim possession of the trailer-if her name then she has a right to take the trailer but you could file a small claim in the local court to receive the rent due.

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Answered on 8/09/10, 10:22 am


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