Legal Question in Wills and Trusts in Florida

Can a landlord prevent immediate family from taking possession of a deceased tenants personal possessions when there is no will?


Asked on 11/09/09, 8:05 am

4 Answers from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Your landlord has no right to the possessions. However, until the person's estate is probated, you may have to go through the proper channels to get teh property. You may want to show the landlord the death certificate and a will and they might allow to gather his personal belongings. It is obviously in their interest to get hsi belongings out of the property so that they can rerent the property.

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Answered on 11/14/09, 10:34 am
Chris McChesney The Law Firm of Chris McChesney

It depends on a few things. A landlord doesn't have to allow access without proof that you are the personal representative for the decedent�s estate or if the decedent�s estate owes rent. Also, you should check the terms of the lease.

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Answered on 11/14/09, 10:38 am
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Probably. You have no right to access to the property. Technically, you need probate if the landlord will not let you in.

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Answered on 11/14/09, 11:13 am
Lucreita Becude Lucreita D. Becude, P.A.

I agree with Mr. Wagner, you have no right to access the property. I suggest you probate the estate, will or no will - testate or intestate, have someone designated as the Personal Representative and then contact the landland about obtaining the property.

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Answered on 11/16/09, 12:57 pm


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