How can I get my fathers security deposit back from his apartment after he died? 7 Answers as of June 21, 2011My father died on 6/2/2011. He did not have a will. I was living in his apartment with him at time of his death and I'm still living in his apartment until the end of June 30th 2011. How do I get back his security deposit? The management told me the deposit would be made out to his Estate. What would be considered his Estate if he did not have a will?
The Coyle Law Office | T. Andrew Coyle
Every person has an Estate even if they don't have a will. If your father did not own any substantial property or have any debt, you may be able to handle his estate through a Small Estate Affidavit (or your state's equivalent of that). In that case, you may need to open an Estate checking account to deposit the security check, unless you can convince your bank to allow you to deposit the check in a different way.
Answer Applies to: Illinois
Burnham & Associates | Stephanie K. Burnham
Whether or not a person has an Estate is not determined by whether or not they had a Will, but whether or not there are any assets in their sole name. In New Hampshire there is a shortened process for Probate if you are the sole heir (no surviving spouse or other children).
Answer Applies to: New Hampshire
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Even without a will, to get assets there has to be a probate estate. If he didn't have many assets, in many states this can be done by affidavit that you are the heir (or list all appropriate heirs under intestacy) and are entitled to cash a check made out to the Estate of your father.
Answer Applies to: Indiana
The Schreiber Law Firm | Jeffrey D. Schreiber
Whatever he owned (or money he was entitled to receive) at his death is his estate. The will is just the document to say what to do with the estate. If he died without a will there are laws in your state called "Intestacy Laws" which state who receives the estate in case there is no will. Usually it is the wife if there is one and she is living, then the children of the deceased.
Answer Applies to: California
Law Office of Richard B. Kell | Richard B. Kell
Regardless of whether your father had a Will, you will have to file a petition in Probate and Family Court in order to open up his estate and obtain the ability to collect any money owed him, among other things. A probate attorney can help you with the process.
Answer Applies to: Massachusetts