Q: We have rented an apartment to the same gentleman for the last 10 years. We sign a new lease each year, and he has been a great tenant. Sadly, he recently passed away unexpectedly. What are we supposed to do with his belongings and the lease? — Sandy
A: When someone passes away, their legal existence continues in their “estate.” An estate is a legal construct where a representative called a “personal representative” or “executor” is appointed to marshal the deceased’s assets, pay any creditors, and distribute the remainder to the next of kin and beneficiaries designated in the will.
This legal process is known as “probate” and requires hiring an attorney to file the paperwork with the court. Some people, whether because of proper estate planning or circumstances, pass away with no assets that need to be probated. A trust agreement may designate who gets their belongings, or there may be a surviving spouse or children who get the remaining items of sentimental value.
