Am I legally responsible for my elderly parents beach condo lease when they pass away?

[Anonymous]

If they keep leasing a beach condo into their late 80s and into their 90s eventually they are going to pass away during a lease.

Am I as the surviving family member legally obligated to pay off the remaining balance on their lease?

[Anonymous]

No. If there is money in the estate, it can be responsible. But not you personally unless you have assumed that obligation somehow (signed something).

[Anonymous]

Wouldn’t it be the estate-not you individually?

What kind of lease are you talking about (a summer, a week, a year, etc?) There is probably something in it about what happens in the event of death of the leaseholder(s). Also-the odds that your parents due simultaneously seem low, will the survivor keep releasing it when one passes away? Or as their health declines?

[Anonymous]

Estate pays debts before heirs receive inheritance.

Inheritance is never negative.

Contract might allow you to inherit the lease if you want.

[Anonymous]

Anonymous wrote:Wouldn’t it be the estate-not you individually?

What kind of lease are you talking about (a summer, a week, a year, etc?) There is probably something in it about what happens in the event of death of the leaseholder(s). Also-the odds that your parents due simultaneously seem low, will the survivor keep releasing it when one passes away? Or as their health declines?

Yearly lease.

I always plan for the worst case scenarios.

[Anonymous]

Rules may vary by state but generally leases terminate upon death. Just be prepared for a quick removal of personal property and if concerned, consult an attorney for more infomation

[Anonymous]

Anonymous wrote:Wouldn’t it be the estate-not you individually?

What kind of lease are you talking about (a summer, a week, a year, etc?) There is probably something in it about what happens in the event of death of the leaseholder(s). Also-the odds that your parents due simultaneously seem low, will the survivor keep releasing it when one passes away? Or as their health declines?

Obviously you've not seen The Notebook. Those two died at the same time in the same hospital bed, holding each other. Magical! lol.

OP, I would ask if you could see a copy of the lease. That may help clear up what the landlord intends to do if that were to happen.

[Anonymous]

As long as the estate keeps paying the rent then the landlord is unlikely to terminate the lease. If there's money available you'll have some time to clear the house.

After that, the estate can terminate the lease fairly easily. Note, it's the estate not you here. If you're not the executor, it gets more complicated.

Trusts make it easier.

[Anonymous]

Depends on the state.

[Anonymous]

Easy to bury then in the sand or burial at sea or the Viking way

[Anonymous]

Anonymous wrote:

Anonymous wrote:Wouldn’t it be the estate-not you individually?

What kind of lease are you talking about (a summer, a week, a year, etc?) There is probably something in it about what happens in the event of death of the leaseholder(s). Also-the odds that your parents due simultaneously seem low, will the survivor keep releasing it when one passes away? Or as their health declines?

Yearly lease.

I always plan for the worst case scenarios.

Tell your parents to put some kind of exclusion in the lease for disability or death.

[Anonymous]

No, the estate, maybe but only if there is money in it.

[Anonymous]

Is there a clause in the lease about not leaving the property vacant for 14 days or 30 days or such, and thereby being in violation of the lease? If they violate the lease then they are still liable for the full year. Maybe there are other ways to violate the lease and still be liable.

[Anonymous]

Anonymous wrote:Depends on the state.

This is false. Estate law depends on the state but there is no state anywhere in which the heirs inherit a debt.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Depends on the state.

This is false. Estate law depends on the state but there is no state anywhere in which the heirs inherit a debt.

Depends on the debt. Look at Pennsylvania's filial support statute.