Legal Question in Wills and Trusts in New York

Deceased person's belongings left to another

My father-in-law passed away on 7/5/03,while living with us.He left his oldest son,from Alabama,in charge of his belongings.He came to NY for the funeral and took the insurance policies and never returned for his belongings.My husband and I have since decided to move out of state.House is currently on the market.My husband and his brother talk every day and he always has some excuse why he hasn't come to get the stuff,which isn't much.We've offered to ship it to him,at his cost,since it has already cost us approximately $3000 in dumpster fees to clean out his junk.No response from brother.My question is this:How long do we legally have to continue to ''store'' this stuff, which takes up half of garage & basement, before we can legally dispose of it?It really is a bother.We can't use our own garage at all.We plan on moving in the next few months and don't want to ship all this unnecessary junk to our new home to clutter that up too.Not even ours.Also,it isn't very appealing to show the house with all this junk piled up.I'm afraid it may effect the marketability of house.Please.Any advise will be appreciated.Thank you for your time.


Asked on 8/25/04, 6:58 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Deceased person's belongings left to another

Notify him by certified mail that he has until a certain date to pick it up and then it will be

discarded.

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Answered on 8/25/04, 7:10 am
Arnold Nager Arnold H. Nager, Esquire

Re: Deceased person's belongings left to another

You don't state whose house this is. Did it belong to your father-in-law? If so, why are you selling it? Did your father-in-law reside with you? Was there a Will? What did it provide for?

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Answered on 8/25/04, 8:23 am
Walter LeVine Walter D. LeVine, Esq.

Re: Deceased person's belongings left to another

I concur with Mr. Slater. Send him a certified letter, return receipt requested to verify delivery, giving a definate time period to remove it or cause it to be removed and telling him that if no arrangements are made, it will be junked. If he does not respond or make arrangements, junk it.

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Answered on 8/25/04, 1:35 pm


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