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Old 12-02-2014, 03:29 AM
 
6 posts, read 3,641 times
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Me and my sibling are in our early 30s. We lived with our father (I know some people may slam us for that, but we took care of our father and he did not want us to leave him). We both work part time and my father paid the rent and utility bills, we paid for everything else. Our dad recently passed and we have 90 days to vacate the apartment or pay the rent until the lease expires in the spring. We cannot afford the rent and we don't meet the income requirement to down size. My dad's financial estate is a mess because although he was sick, he still wanted to solely handle his financial affairs (which, of course, he had every right to).

Any words of advice? We have no where else to live. We haven't received the death certificate yet; perhaps at by the end of the week we will have it. I would like to keep the the furniture, but we can't afford the storage fee.

Thank you in advance for your help.
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Old 12-02-2014, 04:39 AM
 
Location: Manhattan
20,144 posts, read 26,425,454 times
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First order of business is a thorough search of his assets to determine if there are any savings, insurance, policies, etc. What was the source of his income? Social Security?

Can we presume that December's rent is paid? That gives you a month to cobble together his assets and make some sense of them. Check every nook and cranny for cash. Go to his bank and ask if he had a safe deposit box.

Did he leave a will, who is the executor?

How much is the rent?
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Old 12-02-2014, 05:02 AM
 
6 posts, read 3,641 times
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Quote:
Originally Posted by Kefir King View Post
First order of business is a thorough search of his assets to determine if there are any savings, insurance, policies, etc. What was the source of his income? Social Security?

Can we presume that December's rent is paid? That gives you a month to cobble together his assets and make some sense of them. Check every nook and cranny for cash. Go to his bank and ask if he had a safe deposit box.

Did he leave a will, who is the executor?

How much is the rent?
I've already called in the policies and I need the death certificate for his bank accounts. He did not pay the rent for this month. He received SSI, his pension, and a monthly check from the Veterans Administration. He was married, but separated. I'm handling his affairs, but I have to beg my mother for certain signatures because she is the next kin. I'm not sure if this makes me the executor of his estate; I'm not sure. Please excuse my ignorance. I've never been through this before.
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Old 12-02-2014, 05:04 AM
 
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I'm told by his friend that there is no will. The rent is $1,625. We've all been here for three years.
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Old 12-02-2014, 05:06 AM
 
Location: Manhattan
20,144 posts, read 26,425,454 times
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A will?
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Old 12-02-2014, 05:06 AM
 
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If there is no will and you have not been named specifically then it is doubtful you are legally executor.
Also, in many/most states the estate will have to go through probate if there is no will so you really need to find out as soon as possible if there is a will then proceed from there.

I don't think you have any legal right to be doing anything at this point since your Mother is legally next of kin.
I believe she is the only one who can legally do anything with his estate unless there is a will specifically naming someone else.

It would be best to consult an attorney at this point.
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Old 12-02-2014, 06:54 AM
 
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How can I keep my dad's apartment? I don't want to go to a shelter.
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Old 12-02-2014, 07:03 AM
 
Location: West Harlem
6,886 posts, read 7,827,199 times
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Quote:
Originally Posted by needhelp718 View Post
How can I keep my dad's apartment? I don't want to go to a shelter.
If you are in your 30s and only work part time, this will be accomplished with immense difficulty - if at all.
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Old 12-02-2014, 07:47 AM
 
1,500 posts, read 1,917,051 times
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Quote:
Originally Posted by needhelp718 View Post
How can I keep my dad's apartment? I don't want to go to a shelter.
You and you sibling need to get full time jobs. $1,625 divided between two people is a little over $800. That shouldn't be too difficult to obtain between two adults in their 30's. Even if you got a job as a barista at a coffee shop you should not have too much trouble paying the rent and getting by.

There really is no excuse for two people in their 30's not being able to pay this rent. Start focusing on finding full time employment before you start looking at your fathers left behind assets.
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Old 12-02-2014, 08:08 AM
 
10,606 posts, read 20,739,640 times
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Who told you that you have 90 days? Was there a formal eviction notice, or did someone tell you that you can have 90 days to pay rent, and that if you don't, an eviction notice will be filed? Sometimes evictions can take some time (months, from what I understand). Look it up.
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