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  1. #1
    Join Date
    Dec 2004
    Location
    illinois
    Posts
    1

    Default Rent After Building Owner Dies

    I own a business that rents it's facility. In March the owner of this facility started showing signs of dementia. His daughter showed up and stated she would be taking care of his buildings, she produced no legal documentation. I continued to issue the rent checks in the name of the legal owner. she then requested that I issue the checks in her name, once again not producing any legal documentation. I politely refused and continued to issue the checks in the name of the legal owner. Yesterday I recieved an funeral obituary from his daughter stating that his funeral took place on 12-15-04. the Obit stated that the owners wife, his sister, his son and this daughter are still living. However, in the Obit was a note from the daughter requesting that the rent checks be issued in her name. I need some information concerning my rights and the do's and don'ts before i correspond with her again. HELP! :?

  2. #2
    Join Date
    Sep 2004
    Posts
    758

    Default

    If the daughter was legally authorized to act as the conservator for the man when he was alive, she should have had some form of power of attorney or letters of authority. If she is presently authorized by the estate to act on his behalf, similarly she should have some documentation or letters of authority from the court until such time as the estate is settled. Obviously you don't want to put yourself in the position where you pay the rent to her, then the estate makes a claim against you because the money was not paid to the proper person.

    You may wish to check with the probate court in the county where the deceased business owner lived to see if an estate has been started, and if so who the executor or attorney for the estate is, and then contact that person about payment. Similarly, you could ask the daughter if an estate has been opened to transfer title of the property you rent, and for authority from the executor to pay the money to her - although obviously you need to be careful with what she tells you, if you think she might not be being truthful.

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