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Legal Ease
Legal Ease, Lawyer
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I just found out that I am the only inheritor of a recently

Resolved Question:

I just found out that I am the only inheritor of a recently deceased friend's worldy possessions (everything that was in her apartment) at the time of her death. I will be going there to begin sorting things this week. If I find out that items have been removed by either the janitor (who has a key, as part of his job as a janitor) or the owner of the building, can I go after them to return the items or have them pay me the replacement value. (This can be jewellery, furniture, tv, money, etc) I am only talking about the janitor or the owner of the building, no one else. Can I accuse them of theft. My friend's belongings were entrusted to me and I do not want to find out that they were removed and then pawned for their monetary value. Can I put a lock on the door to be sure that no one has access to this apartment during the time I am getting her affairs in order.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question.

Before I begin I want to explain a bit about how the site works.

It may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.Please do not worry that you will be charged additionally if I ask you questions or if you need to ask me questions. That is not at all how the site works.

As well, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Finally, as we go through the process please do not feel rushed if I ask you a question. You are always free to take your time to gather more information before you post back. As well, please understand that even after you rate me the post will not lock and you could always come back for further clarification if you think of something a bit later on down the road.

You can call the police and make a report if you find anything is missing.

They will question the janitor and the landlord but won't be able to charge anyone unless they have more proof.

You can ask the landlord for permission to change the locks but cannot change them without permission.

You can sue anyone who has taken these items but will need to be able to prove this in court.

You can put a security camera into the home to be sure all is secure when you are not there and don't need to ask permission to do that.

Let me know if you need any further clarification.
Customer: replied 1 year ago.

I was just wondering if you received my second set of questions

Expert:  Legal Ease replied 1 year ago.
No

This is the first response I've received. Nothing else has posted.

Please try again.
Customer: replied 1 year ago.

I was wondering what constitutes proof.


For example: My friend has a brand new tv.


The door to her apartment was locked she was removed from the apartment by the coroner.


If I go there and I notice that the door has been forced open and the tv is missing than I can only assume that it would have been stolen by persons unknown.


If I go there and I notice that the door has not been forced open and the tv is missing, I can only assume that either the janitor or the owner of the building (They would be the only ones with access) took it as I have been assured that no other person has been there since her death.


I also want to know if the owner of the building can assume any kind of ownership of the property without consulting the notary or me after a death. We have the apartment for the next two months in order to sort the belongings and clear out the apartment.

Expert:  Legal Ease replied 1 year ago.
The owner cannot assume ownership.

Proof for civil matter is on a balance of probability.

For criminal matters it is beyond a reasonable doubt.

So the burden of proof is not as great civilly.

But even if the door is still locked how could you prove it was the janitor and not the owner, or perhaps she once gave a copy of her key to someone else?

Do you see what I mean?
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 87699
Experience: Lawyer
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