Many times I have been consulted by a deceased’s relative advising that they are looking for a will and are having difficulty accessing the deceased’s residence, generally an apartment or condominium. They were not given a key or prior access by the deceased.
This is common where a deceased died in their home and were removed to a morgue by the police or fire department. Privacy regulations dictate that only the deceased’s estate representative can get into the home or apartment.
Clearly the difficulty arises where the relative is trying to locate a will or other important information to assist in the administration of the estate. Sometimes the deceased was a pet owner and the pet may be left stranded in the house or apartment without food or water. This can be very cruel and unsanitary situation!
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Often it is unclear whether the deceased had a will appointing an estate representative (estate trustee – executor). This leaves the deceased’s estate in a very precarious position since no one can speak on behalf of the deceased to arrange a funeral or obtain bank information to pay for the costs of probate.
The lesson in this real-life situation is that someone whom you know and trust should given a key to access the property.
