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In a perfect world, all heirs would agree on the distribution of property. This isn't a perfect world, which is why we have laws. Executors DISTRIBUTE the estate, pay the creditors, pay the taxes and file an accounting. This is not supposed to be a game of "first come, first served" or "finders, keepers." In order to keep out the vultures, a good estate attorney advises executors to secure the property, i.e., change the locks, etc., ASAP. BTW, just because you want something to be legal, doesn't make it so.
Come on, guys, I am not talking about taking stuff under "finders keepers". The executor is the one who balances the books on the estate, which would include stuff of the estate that an heir already has.
Let's say heir A is driving dad's car, then dad dies, and heir B is the executor. B doesn't immediately demand the car from A. If A likes the car and B doesn't care if A drives the car, and the will doesn't say otherwise, then B distributes the rest of dad's property to A and himself after SUBTRACTING the value of the car from A's share. That's called BALANCE the books on the estate.
Since the Landlord is related and, thus, presumably a potential heir, shouldn't they be banned from entering without supervision and possibly taking anything from the property, as well, if the OP's fiance is under that theory?
This is what I'm detecting here - that possibility being a concern to the OP's fiance.
That has nothing to do with death. I could take my valuables out and drive them to storage and then claim maintenance or the landlord stole it, which should be obvious is a blatant lie.
Your question is NOT about death. Your question is about access to an apartment that is NOT yours.
Just the same.....BOTH parties should be there. LL's need to cover their butts just like tenants.
You could NOT take all of your valuables and say someone stole them if you and the LL witness and sign documents that YOU removed them. Do you see the logic here?
No, it's why can't the LL get a grip?
What is the urgency with getting access to the apartment? According to your post it's "pictures" and "papers". I could understand if a cat or dog was in there. You mean to tell me you can't wait a few days?
What is the urgency with getting access to the apartment? According to your post it's "pictures" and "papers". I could understand if a cat or dog was in there. You mean to tell me you can't wait a few days?
Whether I could wait a few days or not is irrelevant. The landlord cannot stop me from going in if I have a key and permission to use it. Go ahead and call the cops from your resort island and try to get me arrested for breaking and entering -- it won't work.
Any argument the LL has in this case against the son going in to retrieve dad's personal belongings is a family dispute, not a LL-tenant dispute. The LL *acting in the position of being a LL, not a relative* can't stop the son from using dad's key.
Whether I could wait a few days or not is irrelevant. The landlord cannot stop me from going in if I have a key and permission to use it. Go ahead and call the cops from your resort island and try to get me arrested for breaking and entering -- it won't work.
Any argument the LL has in this case against the son going in to retrieve dad's personal belongings is a family dispute, not a LL-tenant dispute. The LL *acting in the position of being a LL, not a relative* can't stop the son from using dad's key.
Sure they can. Change the locks. Let in the court-appointed executor and nobody else.
Sure they can. Change the locks. Let in the court-appointed executor and nobody else.
I suppose, but then the LL woud have to forgo the rent for the one week after dad died. The son isn't going to pay rent for dad's stuff that he can't get.
The only truly fair thing, since the LL has a dog in this fight not as a landlord but as a relative, is for NEITHER party to be able to have access, if one party doesn't.
[quote=JS1;14323690]No, the heirs can take whatever stuff they want;
I can't believe you said this....
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