Legal Question in Wills and Trusts in Virginia

My husband just inherited a rental property in Virginia. His brother is the Executor of the estate. We are currently in the process of transferring the property into my husband's name. The problem is that the Executor has said he is not giving us the $500 security deposit from the current renter to my husband, because the current renter has probably damaged the property so bad (based on how the outside looks) that they would not get the deposit back anyway. Is this the correct action? Doesn't the security deposit go with the property? What can we do to get this security deposit?

Thanks for your help.

Asked on 5/25/13, 12:46 pm

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Yes, the security deposit (in my opinion) should transfer with the

property via an executor's deed and if the tenant has inflicted damage

to the premises sufficient to warrant taking the security deposit to

repair it, then it should be up to the new owner of the property to determine

whether such is the case.

If the executor were to retain the security deposit, it would not be

his to keep but rather he would be responsible for using it to repair the damage

which, of course, is the whole purpose of such deposits.

Nevertheless, if the executor refuses to either use the deposit as described above or transfer it to your husband, then he (your husband) may have to sue this executor in small claims court to get it.

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Answered on 5/26/13, 8:34 am

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