Legal Question in Wills and Trusts in Missouri

my father died june 17th. he lived alone in his apartment and the lease is up june 30th of the same month. it will take 6-8 weeks to get the death certificate back, since it has to go through the medical examiner.

the apartment will not let me, his son, move his belongings out of the apartment, without a probate order, but i cant get a probate order without the death certificate.

they want me to pay for the month to month rent until this is resolved. Can they do this? i just want to move the stuff out of the apartment so they can rent it out again.


Asked on 6/28/10, 9:01 am

1 Answer from Attorneys

Richard Herndon Richard J. Herndon, Attorney at Law

I'm not sure that they can legally hold you to the rent personally. If there is a probate estate they can probably file a claim.

Why can't you get a "probate order" without a death certificate? Is this in Missouri? Have you talked to a lawyer about this? Who told you that you needed a death certificate?

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Answered on 6/28/10, 12:27 pm


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