Q: I live in CA. Who is responsible for apt lease if my husband died and his mom signed the lease with him?
I’ve been separated for 7 yrs but was still married to him. I’m not on the apartment lease Nor lived there. My late husband’s mother signed the lease so that he could get the apartment. She did not live at the apartment.
Who will be held liable for paying the apartment lease, the mom that signed the lease or me since I was married to him and live in a community property state? My late husband’s estate has zero funds after having to pay federal taxes. Thank you!!
A: Since both signed the lease agreement, both are jointly and severally liable for all lease obligations, including payment of monthly rent. If mom cannot pay, a probate estate for the decedent can be opened by the creditor by a petition for probate in order to have a legal representative appointed for the decedent's estate (someone to sue for unpaid rent). Of course, the family of the decedent will have first priority as to appointment, but that may not hinder the landlord from starting the process if mom cannot pay. Of course, this is only general advice. Consult with a probate attorney for specific advice.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
