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Posted by Fred Lappert on February 16, 2002 at 18:45:34:

In Reply to: LL dies; who to pay the rent to? posted by Maria on February 16, 2002 at 18:03:20:

Keep the money in escrow for right now and let the family know in writing that you are doing so until the administrator/executor of the estate is appointed -- but do not pay anything on the rent until it gets sorted out. Someone will be designated as executor of the landlord's estate -- probably the son, but you never know. If you pay to the wrong person, the right person could come back later and sue you for the rent. I'm not sure if it is applicable her (although it is in foreclosure situations), you may be served with a "Notice to Attorn" -- a legal notice informing you of a new landlord. That might not happen as in reality there is no new landlord -- the estate continues to own the property. If in doubt, consult with a tenant attorney. Whatever you do, do not pay them now - even if it is to avoid bad feelings or if they say they need it. You are protecting your rights. Let them know you have every intention of paying (unless you have reasons for not doing so), but you need written notice of appointment of an estate administrator.

: My landlord recently died, leaving no will. The landlord has two sons, one of whom has been collecting the rent prior his mother's death. Now he demanded that the rent checks be made out to him. Is this legal? How do I find out the lawyers handling the landlord's estate without asking either son, who are alcholics/rageaholics?

: Thanks to anyone who can help me.

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Comments:
: Keep the money in escrow for right now and let the family know in writing that you are doing so until the administrator/executor of the estate is appointed -- but do not pay anything on the rent until it gets sorted out. Someone will be designated as executor of the landlord's estate -- probably the son, but you never know. If you pay to the wrong person, the right person could come back later and sue you for the rent. I'm not sure if it is applicable her (although it is in foreclosure situations), you may be served with a "Notice to Attorn" -- a legal notice informing you of a new landlord. That might not happen as in reality there is no new landlord -- the estate continues to own the property. If in doubt, consult with a tenant attorney. Whatever you do, do not pay them now - even if it is to avoid bad feelings or if they say they need it. You are protecting your rights. Let them know you have every intention of paying (unless you have reasons for not doing so), but you need written notice of appointment of an estate administrator.

: : My landlord recently died, leaving no will.  The landlord has two sons, one of whom has been collecting the rent prior his mother's death.  Now he demanded that the rent checks be made out to him.  Is this legal?  How do I find out the lawyers handling the landlord's estate without asking either son, who are alcholics/rageaholics?

: : Thanks to anyone who can help me.


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