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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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My brother committed suicide in his apartment in arizona it

Customer Question

My brother committed suicide in his apartment in arizona it took the medical examiner several days to contact us. by the time they did the apartment management company had removed all his belongings and put them in storage. His rent was paid up I dont understand why they couldnt wait. they also are wishy washy on his belongings and when asked questions about his vehicle and safe they are now demanding a death certificate before they will tell me any further, give me his belongings, and they wont produce a bill for packing up his stuff until i have one. i live in another state and want to come get my brother and all his stuff at one time. my question is did they have a right to do this and what about his missing car?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
Dear Customer, I am very sorry to learn of your loss. Unfortunately, the landlord is actually acting properly (see this article written to guide landlords in these situations: (apartment complexes) need to be careful when dealing with the belongings of their deceased tenants as they can be held liable if they are given to the "wrong" party. (To better understand, imagine a case where there is a dispute over who is entitled to your brother's belongings - and a fight evolves between the "proper" person and the landlord after you have removed all of his belongings).Work with the apartment complex and hopefully they will be willing to resolve this without you having to go to court (as noted in the article, that is actually the proper way to resolve this - requiring you to go through the probate courts) - but if they refuse, your recourse is to open probate for your brother's estate and get a court order to get all of his belongings including the automobile and the safe, and you will have the authority of the court to compel the landlord's compliance in producing all of this.