Ask a Lawyer - Archive

(New York) My father-in-law passed away with no surviving spouse and no will. He was living in an apartment and due to recent hospitalization, was in arrears on rent. His surviving children want to collect property from the apartment, but the landlord has put a padlock on the apartment to deny them access until the rent is paid. There was no life insurance and no substantive money in his bank account to which his two daughters were co-account holders. What rights do the surviving children have to the personal belongings in the apartment, and can the landlord deny them access to it?

First, the personal property belongs to the children. They have the right to go into the apartment and remove personal property. Next, I believe it is illegal for a landlord to lock the duly authorized representative of the estate out of the apartment.

The children or one of them should apply to the Surrogate's Court to be appointed Voluntary Administrator, a simplified procedure for administering small estates. Once the Court issues the certificate of appointment of the Voluntary Administrator, then that person can demand to be given access to the apartment. If the landlord still refuses to allow access, then the Court should be asked to order the landlord to do so.