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Death; banks and contract cancellation

Sent to Legal Experts August 09 10:22 PM

My adult step daughter's father has just passed away.

She is the only child. He wasn't married, had no will and the estate is negligible.


Here are the questions. It may take two weeks to get a death certificate (he died in Reno, lived in Sacramento), and his rent will be due before then. The landlord automatically takes the money from her father's checking.

1. With out a death certificate is there any way she can get the bank to stop automatic withdrawls?

2. He rented month to month but there is a clause requiring 30 notice to cancel. I believe I heard on one of your shows that this is not inforcable in case of death. We've had another attorney say that it is. Is there a specific statute to cite?

Thank you for your response.

 

Optional Information:
sacramento, California

Already Tried:
google; no luck

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
August 10 9:42 AM (11 hours and 20 minutes and 28 seconds later)
         
REPLIEDCheck Mark

1.. Contact the county auditor and advise of the father's death. Most auditors will then direct the bank to freeze the account until further notice. I would also show the bank a copy of any informal death notices that have been published. If anyone has a power of attorney for the decedent, although it technically expired at death, the POA could cancel the withdrawals.

2. While death generally makes a contract void, the exact contours of the decedent's obligation to the landlord are vague at best. If everything has been removed from the apartment, it has been cleaned, is ready to rent again, then the estate has a strong argument that there is no further obligation to the landlord. However, if the dwelling cannot be rented immediately because of the decedent's belongings, etc, then the estate may very well be liable. ANY secured loans of the decedent, like car loans, MUST be paid post-death or the creditor can repossess the collaterall.



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Reply
August 10 11:06 AM (1 hour and 23 minutes and 51 seconds later)
         
Reply to LegalEagle, LLC's Post: On answer #1. We'll try that. If it works we'll "accept". Should be a few hours to find out. As far as informal death notice, no newspaper I know of in California will publish one with out the death certificate. There is / was no POA.

#2, The apt will be cleaned and rentable well before the next rent is due. I'm not clear on why decedant's obligations are vague. I'd think there must be precedent.

Thanks
Customer (name blocked for privacy)
Answer
August 10 12:24 PM (1 hour and 18 minutes and 7 seconds later)
         
REPLIEDCheck Mark
The obligations are vague only because many "lay" people treat claims against decedents differently. A contract with a decedent, from the standpoint of personal performance, immediately terminates upon death. However, in the case of your apartment, if the lease was for a period of one year and six months remain, there is an tenable argument that the estate owes for the remaining six months or until another tenant can be located. The practical reality, however, is the fact that rarely will someone pursue payment against the estate for such an obligation. Thus, if the apt. is rentable and you are able to stop the automatic withdrawal, the chances of a claim being filed against the estate are minimal. If, however, the landlord is able to make the withdrawal, I would place odds that he WILL withdraw the rent, irregardless of the death certificate.

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August 10 1:05 PM (41 minutes and 5 seconds later)
         
Reply to LegalEagle, LLC's Post: As to the rent issue, I assume you may be correct in that there is no hard and fast law that addresses the issue.

On issue one, stopping the withdrawal at the bank. We contacted the county auditor who stated that they never get into personal matters. They can't do anything.

So- Thanks for trying but the info didn't help.
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Answer
August 10 2:54 PM (1 hour and 48 minutes and 11 seconds later)
         
REPLIEDCheck Mark
Was there any publication of the death in Reno? Any news story?

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August 10 4:34 PM (1 hour and 40 minutes and 32 seconds later)
         
Reply to LegalEagle, LLC's Post: No, apparently people die in Reno fairly often.

Sorry- I don't need to to be flippant. It's just been a stressful few days.
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August 10 7:18 PM (2 hours and 43 minutes and 38 seconds later)
         
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