Legal Question in Wills and Trusts in Wisconsin
storage of property
who has the burden of proof of money owed for a storage unit when the person who rented the unit is deceased
Asked on 3/23/09, 12:52 pm
1 Answer from Attorneys
Thomas Olson
David F. Gram & Associates, LLC
Re: storage of property
The burden of proof is the same whether the person is dead or alive. I assume that there is a rental agreement that sets forth the terms. The landlord would provide information as to the amount due and the tenant would be able to demonstrate that he paid more, e.g., by receipt or canceled check if the landlord's accounting were challenged.
The deceased's estate would be liable for the rent and almost for certain the place providing the storage would have a lien for unpaid storage charges on the contents in storage. There are laws that provide how a storage lien can be paid.
Answered on 3/23/09, 1:16 pm