Legal Question in Wills and Trusts in South Carolina
Mom's former landlord keep her belongings and may have stolen her money
My Mother was in the process of moving all her things back to NJ., when she passed away. Her fromer landlord/friend ( in SC )will not let me have her belongings. My Mother's rent is paid up until Sept of 08. She passed in March. There is also a possibility of about $40,000 missing. My Mother was dying of brain cancer. How can I get her belongings, car, and etc. returned. I am her only child. She left no will thatwe know of.
1 Answer from Attorneys
Re: Mom's former landlord keep her belongings and may have stolen her money
Where was your mother domiciled when she died? Sounds like SC, not NJ? What does her death certificate show as her State of residence at time of death? Depending upon these answers, that is the State in which the closest living relative needs to apply for Letters of Administration (probate for someone dying without a Will). If in NJ, you might also need to do an ancillary filing in SC. Once appointed, the Administrator has all rights to recover her property, administer her estate and, if warranted, sue on her behalf for any missing assets plus any claims for rent due. The rent issue will depend upon the terms of the Lease.
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