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Old 09-05-2014, 03:35 PM
 
Location: MA
1,622 posts, read 1,469,735 times
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My husband and I had lived apart for the last year and we were seeking a divorce without any progress, but, he passed away very suddenly this week. He had signed a lease on an apartment two states away. Am I responsible for the lease?
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Old 09-05-2014, 03:42 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 63,090,962 times
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You should seek legal advice but I would think not unless you also signed the lease. Have you spoken yet to the landlords and let them know? That would be a good first step. Despite the separation and the impending divorce, I'm sorry for your loss.
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Old 09-05-2014, 03:53 PM
 
Location: MA
1,622 posts, read 1,469,735 times
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Quote:
Originally Posted by STT Resident View Post
You should seek legal advice but I would think not unless you also signed the lease. Have you spoken yet to the landlords and let them know? That would be a good first step. Despite the separation and the impending divorce, I'm sorry for your loss.

I have not spoken to the landlord yet, but, I was told by my husbands friend he would be calling me. They are aware of his death especially since it was tragic and happened in the apartment and his body was in the apartment for days and required clean up. I didn't sign the lease and do have a call into the lawyer. There are many issues going on with bankruptcy plus a possible large life insurance and nice pension. Ups and downs....
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Old 09-05-2014, 04:03 PM
 
11,160 posts, read 15,334,779 times
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You will need an attorney to handle the various estate issues anyways (unless you already completed a good estate plane that you just need to implement) so have them advise you on this. The biggest question will be is the unit located in a "community property" state? If so you would be legally allowed to claim any monies he had even if it was not in your name or was being hidden from you because its considered community property; however, the lease may also be considered community property and you could be legally obligate to the terms of the lease. Many states do have special provisions in various statutes regarding death of a contract holder and estate pass through, so you will want to know where you stand.
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Old 09-05-2014, 05:33 PM
 
1,618 posts, read 3,504,677 times
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If the landlord does call you, apologize but tell them everything has to go through your lawyer. Then give them your lawyer's contact information. This way you are protected and everything is done by the book.
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Old 09-06-2014, 11:01 AM
 
16,108 posts, read 21,699,330 times
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Quote:
Originally Posted by stormynh View Post
I have not spoken to the landlord yet, but, I was told by my husbands friend he would be calling me. They are aware of his death especially since it was tragic and happened in the apartment and his body was in the apartment for days and required clean up. I didn't sign the lease and do have a call into the lawyer. There are many issues going on with bankruptcy plus a possible large life insurance and nice pension. Ups and downs....
Sorry for your loss.
Seek a good attorney, and I hope your bankruptcy attorney is good. They can really get into your pension and such, might want to ask if it is more prudent for you to back out of the bankruptcy if it hasn't been filed. Do whatever it is that lets you keep the most income.

The rental folks may try to attach the pension for the damages....but they also should have insurance that pays for something like this....Do some checking....I might even call my own homeowners insurance, maybe they would cover this, or your husbands life insurance....Getting some good legal advice asap is critical imo
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Old 09-06-2014, 11:02 AM
 
16,108 posts, read 21,699,330 times
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Quote:
Originally Posted by Ms_Christina View Post
If the landlord does call you, apologize but tell them everything has to go through your lawyer. Then give them your lawyer's contact information. This way you are protected and everything is done by the book.
Very good advice! I would do that with all creditors.
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