Is the next of kid responsible for removal property left by a deceased relative?
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Is the next of kid responsible for removal property left by a deceased relative?
My ex-wife’s brother died without a Will; she was the only next of kin. He died in a trailer which was and is currently on private property, a casino in Reno. No local towing company is willing to move the trailer and we don’t know of anyone who will. She does not have the ownership title. We have no way of hauling it off the property and if we did, the trailer is not trustworthy to make the haul/trip to CA. Is she legally responcible to move the trailer?
Asked on March 8, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If she inherits the trailer (which she will unless she disclaims or refuses it), she will become responsible once she takes ownership/title of it. So unless she wants this trailer or thinks it worth enough to make it worthwhile to pay to move it, she should disclaim inheriting it (you cannot be made to inherit something against your will) and will have no responsibility for it. (Being next of kin doesn't make you responsible if you don't own or inherit.) She should contact the country probate court where he lived and ask about how to make sure that she does not inherit.
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