How can I obtain personal items of a deceased loved one that lived with a roommate and was not at the lease at the time

Question

My sister passed away. Before she passed she was living with a roommate and she was not on the lease of the time of her passing. There are many personal items including family heirlooms in the apartment that she was living. Her roommate will not allow family members inside the apartment to gather her items. What can I do?

Brent T. Geers · Answer

You will likely need to open a probate estate to have any legal standing to do anything. The best and most efficient way seems to be what you already tried: reason with the roomate.

James L. Arrasmith · Answer

I'm sorry you're going through this difficult situation. In cases like this, you may need to start by reviewing any legal documents related to your sister's estate, such as a will or trust. If you're named as her next of kin, you might have the legal right to her belongings. A death certificate can help establish your right to collect her possessions. 
 
If the roommate still refuses access, you can consider contacting the landlord. The landlord may be willing to help facilitate the return of the items, especially if the roommate isn't the legal owner of the belongings. Some states also allow landlords to hold personal property after a tenant's death for family members to retrieve. 
 
If these options don’t work, you might need to contact law enforcement or seek a court order. In probate court, you could potentially get an order that gives you access to your sister's items, which would legally require the roommate to cooperate. It’s important to gather as much documentation as possible, and speaking with legal counsel can help you understand your rights better.

Q: How can I obtain personal items of a deceased loved one that lived with a roommate and was not at the lease at the time