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Landlord passed away ... now what? - 7/15/2008 5:51:08 PM
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christsstar
Posts: 5138
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Thought this folder was the best suited for this question. If there's a better folder, who am I to argue with the Mods moving it.
I moved into a house about 2 months ago. Actually ... 2 months ago today I signed the lease.
Just after the first of June, my landlord went into the hospital. His lifelong friend kept me up to date as far as how he was doing, etc while he was in the hospital. On Thursday last week, he passed away.
His friend assured me that I could continue to live there a long time ... Years .... he said. He's a lawyer, so I would think he has some knowledge here, and I would hope encouraged my landlord to get his affairs in order when he started getting sicker. However, his friend has not been able to give me any specifics regarding anything.
My suspicion is that the his daughter will take over the house. Even if he didn't have a will, in California property goes to next of kin. (He wasn't married anymore.)
Best case scenario ... How long does probate take?
Worst case ... we could be in probate for years, right?
What should I be doing to make sure my affairs are in order for a new landlord?
Aug 1 is right around the corner. If I haven't heard anything from anyone regarding rent, what are my options?
_____________________________
 Christine
Grampa John - 10/23/1920-11/26/2008
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RE: Landlord passed away ... now what? - 7/15/2008 6:27:31 PM
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pbaribeault
Posts: 1040
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Continue to write rent checks, and keep enough in your bank account to cover as many as might need to be paid out the day you are approached by whomever you owe rent to once things are worked out. (Aug, write the check and put it in an envelope by your front door. Put a copy of the lease in that envelope too. Keep that money in your account, consider it spent and never touch it. Sept write another check and add it to the envelope and keep your bank balance high enough to cover both... etc.)
Keep your head down and hope nobody contacts you for a while, and when they do, you should be able to insist that they follow the terms of your lease (whether legally or just ethically) even if they want to sell. If they are mandated to sell, though, you might be out of luck at that point.
Before you pay anybody, ask them politely for some kind of proof that they are legally the person who should be collecting it though. There should be a legal document of some kind that would support their claim, or else they will not be able to cash checks made out to the deceased.
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RE: Landlord passed away ... now what? - 7/15/2008 9:38:09 PM
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pbaribeault
Posts: 1040
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The name of the deceased, just as you always have. You are paying rent to 'the estate' until you are notified officially. The inheritor will be able to deal with that, or else they will provide you with some legal back-up to re-write your checks to them.
The reason I say write them and have them on-hand is because it clearly communicates that you have no intention of taking advantage of the situation... that you can and will pay at the drop of a hat, not, "How much do I owe? let me get my check book." but "Here is what is due, right here, right now." This will greatly increase your chances of them saying, "Let's just let her stay until the end of her lease at least."
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RE: Landlord passed away ... now what? - 7/15/2008 11:46:16 PM
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APZR
Posts: 907
Joined: 4/18/2005
From: GA
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Don't know about your state or lease contract, but my contracts have a clause that the death of any party does not void or negate the contract. In other words, whether it be a sales contract or lease, it's still binding. Keep making payments, keep good records, and be prepared to move at the end of the lease. Since you don't own... if the family wants you out at the end, you may need to get out. When renting, you need to alway be prepared to move.
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Ya can't keep trouble from visitin, but you don't have to offer it a chair.
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RE: Landlord passed away ... now what? - 7/16/2008 10:41:17 AM
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relady
Posts: 1281
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From: Greater St. Louis Metro
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If I were you I might call a real estate attorney and explain your issue and see if he/she can give you some insight as to your rights in this situation. Even if you have to pay for a 1 hour consultation, it would be worth it to know where you stand legally.
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RE: Landlord passed away ... now what? - 7/16/2008 12:37:01 PM
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BlueAdept
Posts: 100
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In the past did you mail your rent payment or did the landlord come to the house and pick it up? If you mailed the payment, mail it to the same address as if nothing has changed. If he picked it up, ask the friend if he (or another agent) of the landlord will be picking up the rent payment.
You might want to take another step for yourself as well. If the landlord has no one picking up the check, open a new account seperate from your present account. Then write the check on that account while transfering the funds to the new account. That way you don't "borrow" the funds for something else. Chances are you will not need to do that, but that is because the Executor of the estate should be contacting you. If there is no will then it could get a lot messier.
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RE: Landlord passed away ... now what? - 7/16/2008 1:27:15 PM
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WhiteRoseBlessings
Posts: 25990
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From: Currently . . . San Francisco
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Christine, can you go online and check your bank account to see if the check cleared?
When CS died, I had the renters write the check to "The Estate of ________".
I also had a separate bank account specifically for his estate.
However, a bit different situation than yours . . . there was no lease; it was month-to-month (although they had been renting from him for years).
They wanted some assurance that they could continue living there indefinitely, and I couldn't give them that assurance, so they only paid for one month more rent after CS died and then they found another place to live.
But, if on your lease, you were instructed to write your rent check directly to your landlord (in his name), then, it would be best (and cleaner) to now write the checks to his estate. Any money earned by him, posthumously (and during probate) really belongs to the estate and no one else . . . until probate is settled. At the end of probate, the Court will review the accounting of his money and where it went and why. There will be bills that the estate will need to pay (and the money for that will come out of the estate account). Also, the Court will also review the expenditures from the estate (but that part doesn't really have anything to do with this thread).
As to your question about being able to continue living where you currently live; I imagine that the lease would at least be honored for the duration of it. It's a legal document; and unless there was a specific provision about what to do in case of the landlord's death, I don't see how it could not be honored. But then, again, I'm not a lawyer. Fiddle, I don't even play one on t.v.
_____________________________
Hey there! This is Sharon-Marie, and you have reached my signature. I may not be here for a while; but if you'd like, please leave a message over in that ramblin’ thread.
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RE: Landlord passed away ... now what? - 7/16/2008 2:13:49 PM
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GroupW
Posts: 2911
Joined: 11/16/2007
From: Up in the hills of Colorado (very BIG hills...)
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quote:
ORIGINAL: christsstar
Since I've only been here since May, I've only paid rent once, and that was while he was in the hospital. The check I wrote for July rent has not been cashed yet. No idea if it's been picked up by anyone.
I'd inquire as to the status of the uncashed check with the attorney friend - you never want to give someone an excuse to void out a lease. That said, in California you should be fairly well protected under your local housing laws.
A friendly reminder to go look for a check is always a nice thing to do and can help protect your interests here.
Overall, a lease is a lease - unless specifically stated otherwise, you should have exactly the access and occupancy rights you signed up for and for as long as you signed up for.
BT
_____________________________
“For every problem, there is a solution that is simple, elegant and wrong.” -H.L. Mencken
"Most people would rather die than think; in fact, they do so." -Bertrand Russell
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RE: Landlord passed away ... now what? - 7/16/2008 2:55:02 PM
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christsstar
Posts: 5138
Joined: 4/8/2005
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Shar-Mar ... THANK YOU!!! I have people asking me what's going on and I've been saying, "Well, my friend's husband passed away and this is what she had to do....." I was referring to you. {{{{{Shar-Mar}}}}} At any rate, I've already learned from things you've posted. I didn't realize CS has renters. So you have more insight into this than I though.
Funny thing about the check, I wanted to try something new. I am set up on Bill Pay from my checking account and thought I'd try paying him that way. It gets deducted from my account right away, the bank cuts a check, and mails it to the address. Saves me an envelope, a stamp, and remembering to stick it in the mail. (I don't mail any bills anymore, didn't want to risk forgetting.) I actually called the bank last week and it hadn't yet cleared. When I talked to the friend on Friday last week he said he wasn't picking up the mail anymore, his ex-wife is now doing that. I don't have her contact info yet.
_____________________________
Christine
Grampa John - 10/23/1920-11/26/2008
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RE: Landlord passed away ... now what? - 7/16/2008 3:43:08 PM
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GroupW
Posts: 2911
Joined: 11/16/2007
From: Up in the hills of Colorado (very BIG hills...)
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quote:
ORIGINAL: christsstar
Shar-Mar ... THANK YOU!!! .. At any rate, I've already learned from things you've posted. .. So you have more insight into this than I though.
She has a lot more insights than me on a LOT of things. 
_____________________________
“For every problem, there is a solution that is simple, elegant and wrong.” -H.L. Mencken
"Most people would rather die than think; in fact, they do so." -Bertrand Russell
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RE: Landlord passed away ... now what? - 7/17/2008 3:18:38 AM
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WhiteRoseBlessings
Posts: 25990
Joined: 4/11/2005
From: Currently . . . San Francisco
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"Typonese"
Christine and BT . . . thank you both.
As to your check that was written via bill-pay but still isn't accounted for, perhaps if you went down to the courthouse, you could find out the contact information for the estate's lawyer and also the Personal Representative. I would suggest that you then send a letter and inquire of them as to the rent check that's floating around out there. My recommendation would be for you to send the original letter to the lawyer and to cc it to the Personal Representative. In the letter, tell them the specifics of the check (bank, date, amount, check number or routing number, etc.).
In the letter, you could also address your concerns you have regarding your lease.
BTW, a letter would be better versus a phone call, because you then have a paper trail. Plus, if you don't hear back in a timely manner, you can then call and reference the letter. (And if you do that, always follow-up a phone conversation with a letter restating the jist of the phone conversation . . . that may sound like overkill, but that's the legal secretary in me coming out).
If your landlord lived in a different town than you, then make sure that you go to the courthouse that would be for that specific town. Most likely you'll want to be directed to the Probate Division (and if that isn't the name it goes by, then someone will be able to still get you "there."). Probate records are available to the public (I believe). You won't be able to take the file with you, but you can at least get the contact information you need (and if they won't let you personally look through the file, then they can look and give the information to you). You may even be able to get the contact information over the phone; I'm not sure. If I'm remembering correctly, I had to sign my signature whenever I accessed the official probate files (but don't hold me to that; I may be merging two memories into one - LOL).
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< Message edited by WhiteRoseBlessings -- 7/17/2008 3:26:13 AM >
_____________________________
Hey there! This is Sharon-Marie, and you have reached my signature. I may not be here for a while; but if you'd like, please leave a message over in that ramblin’ thread.
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