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legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 10243
Experience:  Just Answer consultant at Self employed
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A relative passed away a few days ago. He lived in a rental

Customer Question

a relative passed away a few days ago. He lived in a rental apt. He has no assists, not will. next of kin are two estranged sons. who is responsible for clean up of the apt?
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: sorry, new york
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: not sure, haven't seen the lease or rental agreement. the landlord is asking his ex wife for money
JA: Anything else you want the lawyer to know before I connect you?
Customer: they have not contacted an attorney, money is an issue for them. I'm his sister in law. The place in a mess and full of stuff of apparent little value. the landloard is already accusing them of taking a cable box worth $100 and asking for it back. they did not take it.
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 11 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 11 months ago.

I am sorry for your family's loss.

The tenant's estate is the owner of the lease, and the executor of the estate would normally decide how to proceed. Normally the executor will negotiate with the landlord, setting a date to get in to clean out the property. If the estate is insolvent (debt exceeds assets) often times no one will initiate probate (there is no legal requirement for a person to serve as executor, so for insolvent estates, often a debtor will initiate probate so they can liquidate assets in order to recover enough money to satisfy the obligation owed to that creditor).

The landlord is supposed to deny entry to everyone except the executor. If there is no executor, and probate will not be opened, then the landlord would have to, at their own expense (using the security deposit) clean out the apartment.

Now, if someone co-signed, the co-signor can be sued for this, but otherwise a relative does not have an obligation.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  legalgems replied 11 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.