Landlord Question and Answer Forum

After not seening my tenant, of 2 years, I grew concerned and went to pay a visit. Upon arriving found tracks in the yard and doors open. His auto was still in the driveway. I called our local hospital and found that he was there. We talked and he was to call when better and I would pick him up. I have been to the hospital and found that he will never come out he is dieing. I left my number with the hospital staff to have the listed family call. What do I do now?

Contact the court official in your area who apponts executors, trustees, and who deals with probate. The court will be trying to contact next of kin, or to locate his will. If he died intestate (without a will), the state may benefit. But before they can, they need to try to find heirs. Only the executor of the estate or the apointed trustee should be accessing the belongings. (If you allow one heir in, how could you know if that is his closest heir, or the one he has left his possessions to?) Ask the court who they are appointing to settle his estate. That estate should be responsible for rent until they clear out his belongings. Make the heir sign a paper that s/he is the estate administrator and aware that the rights and responsibilities of the tenancy that transfers to him/her.

Posted by Dawn A, WI on Tuesday, November 20, 2012