My tenant recently died. She is the only person on the lease. How do I go about getting possession back - can I just go in and take the property back or do I have to go to court? Also she did not have a will (as far as I know). She told me she did not have a good relationship with her family and I do not have any information to contact them. I left my contact info at the property just in case someone came by but no one has contacted me. She told me she wanted her stuff donated - can I go ahead and donate it?
You should consult with a probate attorney in your area. If there is no administrator of the estate, you may need to apply to the Surrogate's Court to have an administrator appointed. You can do this as a creditor of the Estate. The Surrogate will appoint and administrator and you will have someone to deal with concerning your property.
Do not dispose of the tenant's property as when someone is appointed, that person may bring a claim against you.
MARY TOM, ESQ.
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2 lawyers agree
It depends on your lease agreement, is it transferable? If there are no other named entities, I would file an eviction action and have a court order locking her out, name her estate in the pleadings. Then place her belongings in storage and place her estate on notice of its whereabouts to be located.
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