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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101005
Experience:  Lawyer
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In calgary.Landlord passed away.Who do we pay rent too No notice

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In calgary.Landlord passed away.Who do we pay rent too No notice of property ownership change.Do we pay via money order to his estate and how do we stop his son from entering our house
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.

In most cases the cheque would be made payable to the estate and provided to the executor of the estate.

It is risky to pay the son as he may not be entitled to the money at all.

The son can try to evict you.

Then at the hearing you will make it clear that you want to pay rent but there was no instructions in terms of who the executor is and you had no idea if the son had any authority to pay.

If the enters without notice and/or for the wrong reason you can take him before the Residential Tenancy Branch and get an order that he stop entering and can even get an abatement of your rent as well.
Debra and other Canada Law Specialists are ready to help you
Customer: replied 4 years ago.
How do we find out where will is and if a lawyer has it
You cannot do that if the landlord just died.

You don't have a right to see the Will unless the executor has applied for probate.

When that happens the Will becomes a matter of public record and then you can get a copy from the courthouse.

For now, you have no way of knowing who the executor is.

You can ask the son or if you are very concerned you can have a lawyer send a letter to the son.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-661-1095 or
403-228-1722 in Calgary