Deceased Aunt's Apartment

(Mooresville, NC)

My husband's aunt died last week. He is the only surviving heir. I went to her apartment to find a will or power of attorney papers. I thought it was also our moral obligation (not legal) to clean out the apartment. I had a clean up crew called in and after an estimate in the thousands of dollars, I called the landlord. She said she would call be back with other companies that were cheaper. I left two days later, finding nothing and not receiving a call back from the landlord. The decedent has no estate, no assets and we probably aren't even going to apply for a Surrogate Affidavit for a small checking account balance.
Now the landlord is threatening to send us the bill for the apartment clean-out. Are we responsible? Thank you for the time.

Comments for Deceased Aunt's Apartment

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Dec 27, 2015
Not checking account assets
by: Anonymous

I am not a lawyer. If you did not agree to be responsible to the debts of the deceased then you don't have an obligation. The exception is if you took assets of the deceased before all debts were paid. In this case don't apply to receive the contents of the checking account. Let the landlord apply for the estate to be probated then apply for those funds. Of course they won't do this. But unless you go to the trouble of acquiring those funds the landlord has no claim against you.

Apr 14, 2013
Cost of Cleaning Deceased Aunt's Apartment

No you are not personally responsible for the cost of cleaning out the apartment your husband's aunt was living in at the time of her death. Nor is your husband legally obligated to pay any bills his aunt may have owed at the time of her death unless he co-signed on an account for her.

However, you may be legally obligated to send the funds in the aunt's checking account to her landlord so they can be put toward the cost of the apartment cleanup. I cannot say for sure as I am not an attorney. For a definitive answer I recommend that you schedule an appointment with an estate planning or probate law attorney in your area.

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