Legal Question in Landlord & Tenant Law in California

My husband and I rent a house. We deposite the monthly rent directly into the owner(the husband) of the house's bank account. The husband and wife owner's of the house are seperated. The owner of the house we rent (husband) shot his wife and she is in the hospitial in critical condition. The owner of the house (husband) shot and killed himself. We do not have an address for the owner's wife. The owner's (husband) father and brother ask us(renter) to pay the rent to them so they can pay the mortgage on the house. What do we (renter) do with the rent?


Asked on 2/17/10, 1:22 pm

1 Answer from Attorneys

I would recommend against giving money to anyone who cannot demonstrate the legal authority to collect it on behalf of the wife or the dead man's estate. Probably your safest bet is to continue depositing the money into the husband's account. The bank is not likely to give access to that account without making sure the person has proper legal authority to act on behalf of the husband's estate. The brother and father need to go through proper legal channels to get authority to manage the dead man's affairs, instead of coming to you and asking you to just give them money and trust they will pay the mortgage with it..

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Answered on 2/22/10, 1:41 pm


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