Inheritance problems (3 of 5): Can a landlord charge rent to a deceased tenant?

When a loved one dies, it can be a very difficult time for the family. During this time, details can be easily overlooked and money can be lost.

Let me tell you about a Minnesota family living in Plymouth. A couple we would call Bob and Karen own a house near Medicine Lake. Karen's mother, 75, Darla, lives in an apartment a few miles away. Darla has lived in the department for the last 16 years and has enjoyed the freedom to have her own place.

On February 5, Darla unexpectedly died of a stroke. Shortly after the funeral, the family came and packed their belongings, cleaned the apartment and advised the property manager to take a tour of the unit. Karen met with her sister and it was decided that Karen would be the executor of the estate.

Shortly after March 1, Karen noted that the property management company had withdrawn a monthly rent of $ 1,200 from the old checking account in Darla. Karen called the office and was told that the lease indicated that even if the tenant died, they would have to give a 60-day notice. Karen was also told that a $ 1,200 rent would also be charged April 1.

Because Darla died, is the estate required to pay the monthly rental costs?

As the landlord clearly knew that the tenant (Darla) had died, the charge against the account should not have been made. Unfortunately, probate lawyer collin county should have marked the account in the bank so that the owner could not do what he did. The leasing requirement is at most a creditor's claim against the estate. Funeral expenses, administration costs for property and various other items are paid before $ 1,200 can be considered. If real estate assets are limited, the owner’s claim can’t even be paid at all.

Fortunately, not everything is lost in Karen's situation.

You need to speak with an experienced heritage lawyer immediately to resolve this issue. The attorney must demand that $ 1,200 be returned to the estate immediately. If the owner does not refund $ 1,200, he may be liable for a double fine under the succession code or $ 2,400. Unfortunately, some owners benefit from a grieving family at a time like this when the owner should know better.

The content of this article is for informational purposes only and should not be construed as legal advice. To obtain personalized legal advice, consult an attorney with experience in inheritance law or estate planning.