Legal Question in Wills and Trusts in California

My brother passed away on 7/7/14. What is my legal responsibility to remove his property from the apartment he was living in? There was no will. I�m the only surviving relative, the apartment is a huge mess, the HOA where he lived only allows moving or work on the apartments weekdays 8-5. I went there this past weekend and took some items � paperwork and some personal items out. It is also 400 miles from where I live.


Asked on 7/16/14, 1:47 pm

1 Answer from Attorneys
Scott Jordan Jordan Law Office

I am sorry for your loss.

You have no legal obligation to clean out the apartment. You have no legal obligation to pay his bills or pay for the funeral or anything, for that matter.

However, if he had money in the bank, life insurance or a retirement plan, you would need to assume the responsibility to close out his estate. This may include clearing out his apartment, or risk losing the security deposit.

You may want to call a local probate attorney who can help you close out his estate.

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Answered on 7/16/14, 2:00 pm


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