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My father passed away in his apartment. The landlord is trying to come after me for more money due to damages. There is no next of kin
Sep 25, 2024
Probate Administration
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

If you did not sign the lease or otherwise agree to be responsible for your father’s obligations, you are not personally liable for any damages related to his apartment. Children or beneficiaries of a decedent’s estate (your father's estate) are generally not responsible for the debts of the deceased unless they have explicitly agreed to assume those debts.

However, if your father had an estate—meaning assets or property left behind after his death—the personal representative (executor) of that estate has a duty to settle his financial obligations, including paying any legitimate claims for damages made by the landlord. The landlord can file a claim against the estate to recover costs for damages. This process is handled through probate court, and the landlord would need to follow the proper procedures to make a claim against the estate, not against you personally.

If you have been contacted regarding these claims and there is no estate or personal representative, you may need to inform the landlord of this and decline responsibility. A consultation with an attorney would be helpful. If you would like our help, please feel free to contact us at (303) 688-0944.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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