Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Gloucester County Landlord Creditor of Estate

Posted on Mon Oct 5, 2015, on Estate Litigation

From our “Ask a Question” Mailbag: Gloucester County Landlord Creditor of Estate

Most Recently Updated July 26, 2018.

“My Dad passed away this month. When he died, I found out that I was still on his Gloucester County lease as a cosigner. The lease was signed in 2011. I had moved out in 2013, letting the management company know that I wanted off the lease. When I asked if the management company had anything for me to sign, they replied ‘no’. When I moved out, my Dad had let his brother, his brother’s son, and his brother’s grandson move in. They are still there and the landlord knows of the situation, asking them for money for every day they have been there past May. At best, when my Dad died I thought I would be morally obligated to remove my Dad’s property and clean. Instead, the feeling I am getting is that the landlord wants to hold me responsible for damages, utilities, and possible future rent. Dad had nothing and I am a stay-at-home mom of special needs children.”

Where-Do-I-Contest-a-Will

Gloucester County Landlord Creditor of Estate

Gloucester County Landlord Creditor of Estate

You have mentioned a number of potential issues. First, the only person who has the authority to act for your dad after he has died is the Personal Representative of his estate (if he had a Will) or the Administrator of his estate (if he had no Will). It sounds like your dad (or his estate) owes the landlord some money. If your dad had any money in his account or if his assets could be sold to pay the bill, that could reduce your own personal exposure in this case. If so, think about opening his estate and using that money to pay the bill and to settle the case with the landlord.

Suing you for rent will cost the landlord money and time. If you have little money, there is little upside for the landlord. But, to diminish the chance even more, if you can apply some of the estate’s money and get a release from the landlord then you won’t be personally involved at all (a nice result).

If your father had no money at all, you may still want to open the estate to have the court declare him insolvent, but you would need to have an experienced Gloucester County Estate Attorney tell you whether that is worth the time and money. As to your own exposure, you should have an experienced lawyer look over the relevant paperwork. Good news or bad, it is better to know your true position rather than let the landlord threaten you without any information.

Further Estate Litigation Questions?

Gloucester County Landlord Creditor of Estate is only one of many Estate Litigation issues our firm addresses. Consequently, if you want to learn more, please read my more detailed article, Trust and Estate Litigation All You Need to Know.

In Conclusion: Gloucester County Landlord Creditor of Estate

I hope that this article was helpful in explaining Gloucester County Landlord Creditor of Estate. Further, I included links to even more detailed information on my website. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Litigation Lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced Litigation Attorneys.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to put our 25 years of estate litigation experience to work for you.

Wills, Trusts, Probate, and Estate Litigation It’s All We Do!

Tags:

creditor claims, Estate Litigation, Estate Litigation Attorney, Estate Litigation Lawyer, Gloucester County, Litigation, New Jersey

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Rachel Roney

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Klenk Law Logo
Stars

Maggie K

Peter Klenk is an extraordinary attorney with positive guidance and knowledge for all of your Trust and Estate needs. We have used him for over 20 years.

Klenk Law Logo
Stars

Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.

Klenk Law Logo
Stars

Linda F.

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

Klenk Law Logo
Stars

Kevin K.

I was referred to Peter after my divorce to put documents together to protect my assets. He suggested a number of documents that would help protect my children and their future. Also, he put together wills, power of attorney and living wills. I initially spoke with him on the phone, he took 30-40 minutes to understand my situation and explain the benefits of having such documents. After a week or two, I met with him in his office and signed the documents. Everything else was remote phone calls and emails. He re-explained these documents and what whom to share. I am in good hands.

Let us put our expertise to work for you.

Free consultation within 24 hours.