A resident at one of my complexes died this week. Her only family is an aunt and a cousin. Between them they only had medical power of attorney. They came by the apartment today to try to find legal papers and an urn (none of which were found) They realize that in order to remove her belongings, they need to get power of attorney. The problem is, the residents last rent check bounced and most of her things are basically trash. The family has just left the items and said to donate them. Can they do this? Is it their place to tell me to donate if they have no power of attorney? These residents are inclined to just let the estate go to the state as they don't want to deal with all the unpaid bills and trash that was left behind. They are old themselves and basically don't want to be bothered. Also, how do I collect my back rent and cleaning charges (both well exceed her security deposit). She has a car here too that barely runs. Please advise me!

Teresa

Hello Teresa:

If she had no money, there's nobody to collect rent from.

I don't know that they need a power of attorney and what do you care? All you want is the stuff out and right now. Throw it away, and rent it.

excon

excon is right. Her family is not responsible for her debt. I suppose you could apply for the title of the car as abandoned and sell the furniture to recover some of the loss.

And they don't need POA, a power of attorney is worthless after death, that is when it ends.

If there is an estate, the admin of it can do it.

But you will have to go though your state rules for abanonded apartment and go though the court.

If there is an estate, the admin of it can do it.


Well that's the kicker, the family doesn't have an administrator. They left the furniture and the car and said give it away or do whatever with it. I don't honestly think they have the power to do that if they have no executor or administrator. It is going to cost me a pretty penny to get that stuff hauled and get the apartment clean enough to rent again. Amazing, she only lived there 4 months and it looks like she lived there 3 years without a trash can. This is an elderly housing authority run by the USDA in a small Kansas town so advice is meager, at best.

Teresa