Death of Sibling, legal advice needed

In My Humble Opinion
1

my oldest brother died recently in another state and it’s too early to know if he had a will but very likely he did not.

I was notified as he listed me as an emergency contact with his apartment building manager. She is clearly eager for me to get his apartment emptied, she speaks of “allowing” a week of it being in limbo, but the Medical Examiner is not issuing a death certificate because he was dead long enough (a week to 9 days) a “visual ID” is not possible and they want to do a “scientific ID” which I am very much afraid will not work out. the ME spoke with me the day he was found and asked many questions and I don’t think they are likely to find someone with his fingerprints on file or any medical device implanted.

So a death certificate won’t happen for 4 to 6 weeks and maybe longer.

His rent is paid up through July - should I just pay for another month or two and expect the estate to pay me back? I really, really don’t want to as it would be a lot of money to me.

Can I just tell her “the estate is good for it” about rent and late fees? There isn’t a lot in his apartment of value aside from silver coins and bonds, but he had a car that is likely worth $15,000 - $20,000 parked in a covered garage that goes with his apartment. This is downtown Minneapolis and I really don’t the car parked on the street somewhere.

I can’t just travel to Minnesota more than once, or stay a long time, and while I have a cousin who is a retired lawyer who is willing to help I think that means advice and making phone calls, not so much moving/selling the car.

to complicate matters (emotionally) I have anther sibling I haven’t notified yet, as when our mother had dementia and then died he was not only no help but actively unhelpful.

Meanwhile I’m sure nothing can be done without a death certificate: what do I tell the apartment manager? So far she has been helpful but she really wants that apartment emptied.

I have to leave for work but will reply to any questions tonight: thank you in advance

2

If he doesn’t have a will, then you would look up the Intestate rules for Minnesota to determine how things will get distributed. It looks like the estate is split between the siblings. If you are the eldest sibling, then you would likely be granted as executor. Once there is a death certificate, then you can petition the probate court to make you the executor. Your lawyer cousin should be able to help with the basics. Lookup “Probate Court countyname” to find the probate court. They should have a checklist of what to do. Once you are the executor, then you can gain access to his financial accounts, bank accounts, 401k, etc.

It would be good if you could pay the rent for at least another month to give you more time. The estate can pay you back. The same with any fees for hiring an attorney.

You should get to the apartment as soon as possible and remove anything that of high value, like his computer, those coins, etc. Stuff has a way of walking away on its own after someone dies.

3

If the apartment is some form of subsidized low-income housing there are all sorts of special rules, both federal and state. That may well force you to relinquish the place much earlier than you might like.

IANA lawyer, but AFAIK, as long as somebody is paying the rent timely, the landlord can just butt out. They have no right to force the issue. OTOH, if you want them to let the place stay in his name just hoping they’ll get paid later when the estate settles, that’s not a plan that will work since it depends on their agreement which they’ve already told you won’t be forthcoming.

Clearly they are trying to rush you out the door within the terms of the current paid for portion of the lease precisely so they won’t get caught up in being a probate creditor.

There is probably law on this point, but it’s statelevellaw and although I’ve done probates in several states, MN isn’t one, and I’ve never had to deal with a probate where the decedent occupied rental property.

There may be specific language in the written the lease. If so, that would govern.

Good luck. This will be an expensive tar baby no matter how it shakes out.

4

Check to find out how rent is paid. If he has autopay set up, then it may just automatically draft from his bank account. As long as there’s enough money in his account, you wouldn’t have to come up with the rent money yourself.

In doing some lookups, it seems like the lease would transition to the estate. So as long as the rent is being paid, then you should be able to keep the apartment.

One thing to keep in mind is that much of the personal property may have little or no actual value. If he just has regular stuff, it may be worth just donating/junking everything rather than trying to sell it. It may take a long time to sell and you may end up with just a few hundred dollars after a lot of effort. Don’t keep paying thousands in rent to try to recoup a few hundred from the furniture and housewares.

5

@LSLGuy has outlined the likeliest explanation. In my 40 some years of community health nursing I saw hundreds of such situations like this play out. Often I was the nearest warm and willing body to help far away family sort it out and move forward towards resolution. Been there, done this countless times.

Here’s my take and advice, which will be far less erudite than LSL’s but just as hopefully and warmly offered. If your brother was living in housing for low income or seniors or the disabled, the contract signed going in no doubt requires moving out, vacating completely in a very short time, not being able to stay for a convenient length of time as long as the rent is paid by somebody. Actually, the week offered is generous compared to what I often saw. 48-72 hours was not uncommon and just asking to wait until after the funeral wasn’t even always allowed. The reason is that other seniors/people with disabilities or poorly housed low income people are sitting on waiting lists, often years long for that apt. I think the other issue is they have many times ended up being stiffed on those promises of “we’ll pay for that month or those months after the probate is settled, trust us”. They have been burned by that many times, while the people on the housing waiting list languish, waiting to move into decent housing. Remember, it will take a week or to for the management to do necessary repairs or cleaning, like carpet cleaning or repainting as well.

Meanwhile, you are 100s/1000s of miles away, trying to resolve this dilemma. Here’s an idea I’ve seen work from afar, until you can get there to resolve it all once and for all. I’ve seen it work and I have many times been the hired professional to implement the interim solution until family could get there. Call the area agency on aging (assuming you brother was 62 or disabled) and ask their advice on how you can proceed with local resources. They should have advisors/case managers who can tell you how to work with the housing owner/agency according to local laws and customs. They should be able to provide a list of downsizing or senior relocation service providers who can pack up and move your brother’s belongings to a climate controlled storage unit until you can get there and dispose of everything once and for all. These services should be vetted and insured. By no means choose the cheapest one. The housing organization mightbe able to leave the car in the garage (with some rent paid of course) if there isn’t a waiting list for parking space, otherwise you will probably have to have it moved to a vehicle storage locale that is secured, like used for boats and RVs until it can be sold after an executor is named and death certificates obtained. Storage rent as well as the Senior relocation/estate sale/downsizer’s fees will be reimbursable to you from estate proceeds (most likely from the car).

Here’s the Minneapolis Area Agencies On Aging, you might have to do some calling to find the exact one covering where your brother lived:

https://eldercare.acl.gov/Public/Search_Results.aspx

Give them a call. They are your federal, state and county tax dollars at work, use them. Wishing you the best and hoping for easier days on the other side of this.

6

My advice:

If you are one of two surviving siblings and you don’t already get along extremely well, DO NOT under any circumstances take on the role of the executor. People are weird around death, and both grief and guilt often manifest as blame. Within families, it really can take years to sort and destroy relationships: I’ve seen it done over false beliefs (that X stole Y, when in fact there was no Y).

Either the other sibling is the executor, or you agree to hire a local one (which is probably more sensible: the estate can pay for it).

I am not even close to a lawyer and this is certainly not based on any knowledge of the law, just people.

(And I’m sorry for your loss, and what sounds like the circumstances of his death.)

7

I agree with Dr.Drake, especially if you can’t afford to be in Minneapolis for more than a few days. My first inclination based on what has been said so far is for you to go there, get the stuff that is valuable (ideally with a witness, and making a list) and put it and the car in storage, and let management take care of getting the apartment ready for the next tenant. If there are expenses involved in that for the apartment management, beyond any security deposit, they will have to try to put a lien on the estate. When an executor is assigned, turn over all the stuff to that person, put in a claim for the storage expense up to that point, and wait for events.

8

How big do you think the estate is? It may be worth it to have an attorney act as executor and get paid out of the estate.

9

Painful as it is, I think you’re definitely going to have to pay/float rent for August and perhaps a few months after that. The estate seems to have some assets so reimbursement eventually.

I’d use some language like about how the Medical Examiner hasn’t authorized property removal or something like that if she seems excessively pushy. It doesn’t have to be true (I doubt the ME would make that call, anyway) but it puts it on an external schedule.

10

Whatever you do, don’t be executor. I have a friend and mathematical collaborator whose life for the last 6 years has been ruined because he is the executor of his father-in-law’s estate and his wife’s siblings have been arguing about it for that long. Until six years ago, he would visit here for six weeks every spring to work together with me and another local mathematician.

But the bottom line: unless you are sure there will be no disputes, don’t be executor.

11

I’m not sure why people have started discussing the deceased as tho he was impoverished. I did not see that from the OP.

Yeah, if he has no will and you and your sib are the only potential heirs, everything is likely going to go to you two to split. You also suggest your other sibling will be no help or less.

What do you think is in the estate - other than a car? How badly do you want 1/2 of the proceeds of selling that car? How likely do you think it is that there is anything else of value to you (monetary or otherwise?) Any investments, back accounts, insurance, whatever, there should be no big rush, as no one else should be able to get at them until they go through probate.

Do you suspect he is the kind of person who horded bullion, or valuable collectibles? If so, those generally disappear to the first person - relative or not - who walks through the door. (Just my experience of knowing SEVERAL disreputable landlords and property managers, and dishonest family members of folk who’ve died.) You say silver coins and bonds. Worth how much? If you think there is something likely to be of value, I’d suggest it ought to be a priority for you - or someone you trust - to go through the belongings ASAP.

But if you think there is just a bunch of his old “stuff”, you can just let the landlord clean it out. I’d be hesitant to spend more money on apartment rent - or an alternative of having movers pack and store it. It is not a sure thing that you would be appointed executor. And your PITA sib could make a hassle out of any expenses you incur. Figure that ANY $ you spend right now - including the costs of a trip to close out the apt - are likely to be sunk costs. No guarantee the car or anything else will be sufficient to cover them.

If I were you, I’d make plans to shuffle things around with your schedule such that I could fly to Minn ASAP. The death of 1 of your 2 sibs is enough of a big deal that you really ought to be able to shift around enough work/social obligations. If you are unable or unwilling to do so, well, maybe that should inform your decision of how important this is to you. Maybe fly in and out in one day or with 1 overnight. Make an appt w/ the landlord, go thru the apartment, and grab any financial papers or anything else of potential value. Then inform your sib, and tell the landlord if the sib does not contact them by the end of the month, just dispose of everything and cover it with the damage deposit.

Maybe find the car and rent a cheap parking space to let it sit until it can be retitled and sold.

Here’s the tough question. How comfortable is YOUR financial situation, such that how much will it be changed by 1/2 of whatever you imagine might be in the estate? And how much effort are you willing to make to bring that about? You say an extra month’s rent (what? a couple grand$?) would be a lot for you? Well, maybe it WOULD be worth a bit of effort to try to get $10k or so. But if it is going to be a prolonged hassle to get it, and if expenses eat into it… It MIGHT be an intelligent decision to simply mourn your brother’s passing (it doesn’t sound as tho you 2 were TERRIBLY close), and try to settle things as best you can from long distance.

Sorry for your loss - and for any stress this chalenging situation causes you.

12

IANAL, but it seems to me if the ME has not issued a death certificate, then your brother is not officially dead and the landlord could not force him out even if it is a subsidized apartment as others have discussed. I check that out and then tell the landlord that there is nothing you can do until you are notified that your brother is legally dead.

13

If you think the estate wont havne

14

Someone help me out - where did the OP mention a subsidized apt?

15

The OP mentioned that the landlord is eager to clear out the place. You don’t have to be impoverished to live in a subsidized apartment. I was doing pretty well when i lived in a rent stabilized place in NYC.

The other reason the landlord might be anxious to clear the place out is if it’s the time of year when all the apartments turn over. But that’s usually September.

Anyway, we lost all my uncle’s stuff (including a valuable Oriental rug collection) because he lived in a rent controlled apartment when he died. The landlord didn’t cash the check for another month of rent that the executor gave him, and claims he threw everything away. I’m sure he stole it, but there’s no way to prove that and no recourse.

16

When my father died last year, his bank accounts were frozen surprisingly quickly, long before the death certificate was issued. I was not the executor so I didn’t have to deal with the particulars, but I know my brother (who was the executor) was trying to get funds released for a long time for various purposes.

17

Moderating

While this use of the phrase “tar baby” is okay, it’s such an unusual phrase that it’s likely to bring to mind the racist meaning of the word, which is a slur.

See gift link:

https://wapo.st/4bQvJLQ

It’s probably best to find another description for situations like this.

18

Still dealing with the aftermath of my father’s death last year. I am not the executor, but I heartily second this advice. My brother hasn’t been dealing with any of it very well. I’ve tried innumerable times to offer to help, but whatever I do, he just directs anger at me. I literally cannot comprehend why. I even flew out to NY on a holiday weekend on less than a week’s notice to spend a solid three 14-hour days helping packing up Dad’s apartment.

19

Rent control or stabilization isn’t really subsidized - that term is usually used for programs like Section 8 and sometimes ones where the landlord gets tax breaks for having some affordable units for people in certain income bands. There isn’t any reason to think this apartment is subsidized - the OP didn’t mention that or the brother’s income.

Now for the OP

The landlord is very possibly anxious to clear out the apartment just because they want to be able to rent it to someone else ASAP - and they might be willing to wait if you pay the next month’s rent immediately. What they don’t want is to delay based on a promise to pay the rent and then you come and empty the apartment on July 28 , too late to rent it to someone else for August and then you don’t pay the rent because you turned it over in July. Not suggesting you would do that, but they don’t know.

But aside from that, one thing that is important to know is what sort of estate you expect him to have. Of course , you may not be exactly correct - but you don’t want to pay rent for a month or two , pay for movers and a storage unit and a garage, pay someone else to be the executor and then find out that the estate isn’t big enough to reimburse you for what you laid out .

You don’t mention his age or where his income is from - but if he had a pension or SS directly deposited into his bank account, the payment for July ( and maybe June depending on the date of death) may have to be returned.

20

I’m sorry for your loss. The only other thing I have to offer is that if you do end up incurring expenses related to your brother’s apartment and belongings, keep the receipts. That will (hopefully, if there is any chance of it at all) help you to get reimbursed for reasonable expenses intended to preserve the estate’s value whether or not you end up being the estate’s representative in probate proceedings.

If your cousin is (or at least was) licensed to practice in Minnesota, you should take them up on their offer to help: they will likely have much better advice—even if it’s only to refer you to someone else—than any of us here will, because even the attorneys here are unlikely to practice law in Minnesota.