Mentor, OH asked in Estate Planning and Probate for Ohio

Q: My father lived in Ohio when he died. I live in RI. I came to Ohio to handle his affairs and the property manager of his

building wont let me in his apartment. He was divorced, I'm his only child. I have paid for his cremation, even have a letter from the funeral home stating this. I am only in the state for a few days. How am I able to get access to his place so I can get any documents ,pictures and his personal items out? I am concerned that the manager will just throw away his belongings or try to sell or keep them. If they wont let me in, are they able to dispose of his items?

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2 Lawyer Answers
Joseph Jaap
Joseph Jaap
Answered
  • Estate Planning Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: Only an executor or administrator appointed by the probate court would have legal authority to enter the apartment. The manager would have to let that person in, but nobody else. Use the Find a Lawyer tab to retain a local probate attorney to review the situation and advise you before the manager cleans out the apartment.

Mary Ellen Leslie Esq.
PREMIUM
Mary Ellen Leslie Esq.
Answered
  • Estate Planning Lawyer
  • New Albany, OH
  • Licensed in Ohio

A: I am sorry for your loss.

The apartment remains your father's, as long as the rent has been paid. Unfortunately, if the next month's rent was due on the first of the month, and you are unable (or unwilling) to pay for another month, the landlord can dispose of his items.

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