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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33803
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Son took s life in s apartment. I'm s father. the emergency

Customer Question

Son took his life in his apartment. I'm his father. the emergency contact is a friends mother. they will not let me have a key to get in his apartment since i'm not on his emergency contact.
what are my legal rights as a parent to get in there
Submitted: 12 months ago.
Category: Legal
Expert:  Barrister replied 12 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I am very sorry to hear of your loss, please accept my condolences..

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Son was over 18 and a legal adult with the apartment lease in his sole name, correct?

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thanks

Barrister

Customer: replied 12 months ago.
Expert:  Barrister replied 12 months ago.

Ok, if he was the only one on the lease, then when he passed, everything in it became the property of his estate. Only a representative of his estate, executor if he had a will, Administrator if he didn't, can legally gain access to the dwelling to take possession of anything in it. Legally the landlord won't allow anyone else in because if something was taken, then they can be held liable once the estate representative contacts the landlord.

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So if son didn't have a will, then someone in the family will have to file a probate case in the local probate court so they can be appointed Administrator of the estate and then would have the right to get the landlord to allow access.

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thanks

Barrister

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