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Posted by Blue Zephyr on November 13, 2001 at 22:54:24:

In Reply to: turning over apartment without notice posted by Jan on November 13, 2001 at 21:25:57:

When a lease holder dies, the lease and all its rights/responsibilities pass on to that person's heirs. In this case, the heirs of your husbands-ex-wife assume rights to the lease. If she died without a will - and it sounds like that is what happened - it gets more complicated, and your husband would have to go to probate court will to contest it. Obviously, a long, costly, and drawn out process.

Who is taking care of the kids? If your husband has legal custody of the children, I'd recommend he simply take them elsewhere to live - why get embroiled in an unnecessary fight with the ex-wife's boyfriend when there are much more important matters at hand. If on the other hand he does NOT have legal custody, he should retain a top notch family lawyer at once and proceed from there.

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Comments:
: When a lease holder dies, the lease and all its rights/responsibilities pass on to that person's heirs.  In this case, the heirs of your husbands-ex-wife assume rights to the lease.  If she died without a will - and it sounds like that is what happened - it gets more complicated, and your husband would have to go to probate court will to contest it.  Obviously, a long, costly, and drawn out process.

: Who is taking care of the kids? If your husband has legal custody of the children, I'd recommend he simply take them elsewhere to live - why get embroiled in an unnecessary fight with the ex-wife's boyfriend when there are much more important matters at hand.  If on the other hand he does NOT have legal custody, he should retain a top notch family lawyer at once and proceed from there.


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