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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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MY brother died in a nursing home after a stay. Had a stroke

Customer Question

MY brother died in a nursing home after a long stay. Had a stroke at 24 and died at 52. I went to collect his personal effects and found the room cleaned out. There were many years of personal pictures and other things like computers etc. I'm getting we don't know what happened. I did not receive any call that the things were being removed.. What are my legal rights Thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of your loss.

Of course, as you are probably aware, the contract for the nursing home will dictate on how long the personal items shall be retained after a resident passes or leaves the facility. And if the contract states a certain amount of time/days/weeks for it to be retrieved, then that is the guideline.

If the contract says that the home shall provide notice to relative of record when to pick up the items, then that is what is required.

At any rate, I suggest, you will want to consider a lawsuit for the value of the personal property. And I understand you cannot put a true value on the photos and other sentimental property. However, if you want to proceed in Small Claims Court, you can sue there on your own for up to $5000

Customer: replied 1 year ago.
Thank you for your expert leagal advice. your prompt answer was greatly appreciated. FIVE STAR ;)
Expert:  Sam replied 1 year ago.

You're welcome. If you go to the clerk of the court and request the forms, you can file on your own without a local attorney. As I noted, for up to $5000.

Thanking you in advance for a positive rating.