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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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I am the landlord of a tenant who died in our property, he

Customer Question

I am the landlord of a tenant who died in our property, he had no ken and no will . He owed us rent and utilities . He had a collection of hand guns which were taken by the Delaware state police because there was no one else who lived in the home . Am I able to get the state police to return the guns for the rent that is owed . He also had a vehicle . What forms do I file for return of property that was taken . Thank you, william
Submitted: 11 months ago.
Category: Estate Law
Expert:  John Elder replied 11 months ago.
Welcome! Thank you for your question.

Delaware landlord tenant law does not apply at this point. You are now a creditor of the estate and will have to make a claim against the estate, when and if an estate is opened.

It sounds like the estate will consist of at least some guns and a car. Please remember that once the estate assets are accounted for they will be used to pay debts in a specific order. You could find yourself behind a creditor in the order that will receive the entire estate.

If you want to try to start the process you can do this. You will need a copy of the death certificate of the tenant. The death certificate will need to be taken to the register of Wills. After 60 days has passed and no heir has stepped up to administer the estate, you can petition the register of wills in the county where he died to be the administrator of the estate. This will put you in control of obtaining assets from the police, selling assets, determining creditors of the estate, paying creditors and distributing any left over assets to the heirs, if you can find any.

Here is the statute that says you can qualify. http://delcode.delaware.gov/title12/c015/sc01/index.shtml The particular section is 1505.

First step is going to the register of wills in your county. They can direct you from there.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience: Over 14 years experience in Medicaid, Estates, Trust.
John Elder and 3 other Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

excellent service

Expert:  John Elder replied 11 months ago.
Thank you!

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