Legal Question in Wills and Trusts in Massachusetts
brother passes
Hi:
my brother was sick since October of 2006 he recently passed January 2007. He lived in an apartment and his rent has not been paid since Oct. he did receive eviction notice for February 2007. owes over 5,000 on back rent. A friend moved in in Oct. to help take care of him also his friend moved in all his furniture he became POA. This friend never was put down as an occupant of the apt.so when my brother died they changed the locks as no one else was listed as an occupant and he is unable to retrieve furniture and clothing. Now the POA becomes null and void since his death. They are asking me to become executive or beneficiary of his affairs. My question if I do this am I responsible or could I be responsible for his back rent of the apartment.
2 Answers from Attorneys
Re: brother passes
First, please accept my sympathies for the loss of your brother.
You did not mention how much money or other financial assets your brother may have had at the time of his death, so my answer is pretty mushy. You are not personally responsible for your brother's debts or the debts of his estate unless you have improperly or prematurely distributed money to yourself.
The first bills which get paid from a deceased person's assets are for the cost of final illnesses and funeral costs. If your brother died broke, or there was nothing left in the estate after paying for his funeral, let the creditors know in writing that there are no assets. If there are enough assets to pay some of the debt, you can file a petition with the Probate Court to have the estate declared insolvent, and the court will order which creditor is entitled to what amount of money.
What happens to the friend is between the friend and the landlord. However, I would argue that the friend owes 1/2 the back rent in the absense of an agreement that says otherwise. In any case, you cannot appear on behalf of your brother in court concerning the eviction unless you are appointed the representative of his estate.
Please feel free to contact me if I can be of further assistance.
Re: brother passes
I would add that the need for an executor exists only if there are assets to be doled. A beneficiary is a person named in a will who has a right to be given some assets or property.
These are two separate matters and designations.
The executor will have to deal with the landlord. The landlord cannot take property and lock somebody out, without a court order. WHile this situation is a little different since the tenant is deceased.
There are some facts missing from your description.
If you would like to contact me, we can discuss this futher.
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