Legal Question in Wills and Trusts in Pennsylvania

My mother recently passed away. My brother and I found the home she rented to be in complete disarray. Are we legally responsible for cleaning up the property? Can we be sued if we do not?


Asked on 5/13/14, 2:28 pm

1 Answer from Attorneys

The landlord is entitled to recover possession of his property. If you do not clear out your mother's things, then the landlord will deemed the property abandoned at some point. Eventually any property will be sold. The landlord will then apply any security deposit to unpaid rent and the cost to fix up the property. The landlord will then file a claim with your mother's estate. So you or your brother, if one of you is the executor, could be sued in your capacity as executor and if there are assets in the estate then the estate will have to pay any claims before you, your brother or any other beneficiaries/heirs get anything.

Frankly, I don't understand you and your brother's attitude here. Even if your mother was a crazy cat lady or hoarder, you should repair any damage to the property caused by your mother and get the rental cleaned out and back to the landlord in decent shape as soon as possible to limit the estate liability. How hard is it to spend a weekend and get a U-Haul and clean the place out?

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Answered on 5/13/14, 9:58 pm


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