Different name on security deposit

S

Shiroi Kokoro

New Member
Jurisdiction
Connecticut
I was recently moved out of apartment because the house is being demolished to add to a local business the landlord also owns. I lived in the property with my mother, she passed away and I stayed in the house. The landlord wants to return the security deposit back to me but the deposit is in my mother's name. What can either of us do to remedy the situation?
 
Shiroi Kokoro said:
I was recently moved out of apartment because the house is being demolished to add to a local business the landlord also owns. I lived in the property with my mother, she passed away and I stayed in the house. The landlord wants to return the security deposit back to me but the deposit is in my mother's name. What can either of us do to remedy the situation?
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Technically, he could/should issue the check either to your mom's name, or to the estate of your mom.
 
How long ago did your mother die?
Was your mother's estate probated? If not, why not? If so, is probate still ongoing or has it been closed?
If it was probated, who was the executor/administrator of the estate?
How much is the security deposit?
 
A couple other questions:

Why would you think you might be entitled to the deposit?
Did your mother have a will? If so, to whom did she leave her estate?
Did your mother have other surviving children (or surviving grandchildren of children who predeceased her)? I assume she had no surviving spouse.
 
zddoodah said:
How long ago did your mother die?
Was your mother's estate probated? If not, why not? If so, is probate still ongoing or has it been closed?
If it was probated, who was the executor/administrator of the estate?
How much is the security deposit?
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My mother passed away three years ago, nothing was really done except for me being switched on the lease to the head of household. The security deposit is for $1200.
 
zddoodah said:
A couple other questions:

Why would you think you might be entitled to the deposit?
Did your mother have a will? If so, to whom did she leave her estate?
Did your mother have other surviving children (or surviving grandchildren of children who predeceased her)? I assume she had no surviving spouse.
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I just assumed since I began living in the apartment by myself and making all of the rent payments and since I was the head of the household on the lease that I was entitled to the security deposit upon leaving. My mother did not have a will, I have two siblings, and my mother and father haven't been together for over 20 years.
 
Shiroi Kokoro said:
I just assumed since I began living in the apartment by myself and making all of the rent payments and since I was the head of the household on the lease that I was entitled to the security deposit upon leaving. My mother did not have a will, I have two siblings, and my mother and father haven't been together for over 20 years.
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You say that your mom and dad haven't "been together" for over 20 years...but were they married at the time of her death? (People can be married, but not "together".)
 
Without waiting, let me answer for either possibility:

If your mom and dad were still married at the time of her death, then your dad is entitled to the full deposit.
If your mom and dad weren't married at the time of her death, then mom's children (you and your siblings) are entitled to split the deposit equally.
Before that comes in to play, the money should be used to pay back the person/people who paid for her funeral expenses.
 
Shiroi Kokoro said:
My mother passed away three years ago
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I belatedly offer you my condolences upon the passing of your mother.

I trust you have grieved her loss, but I'm sure you have fond memories of her time with you.
 
Shiroi Kokoro said:
My mother passed away three years ago, nothing was really done except for me being switched on the lease to the head of household.
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Shiroi Kokoro said:
I just assumed since I began living in the apartment by myself and making all of the rent payments and since I was the head of the household on the lease that I was entitled to the security deposit upon leaving. My mother did not have a will, I have two siblings
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Based on these responses, you have no entitlement to the deposit. The deposit is owned by your mother's estate. If I were advising the landlord, I would advise him/her/it to make the check payable only to your mother or "Estate of [your mother's name]." Estate assets are supposed to be used to pay estate debt. Anything that's left over would, under the circumstances you described, be divided equally between you and your siblings.

If you can't convince the landlord to take the risk of paying the deposit to you, then maybe you can convince him/her/it to write a check to you and your siblings jointly. If you can't, then the amount at issue likely isn't sufficient to justify any more than a minimum expenditure of time and money.
 
Shiroi Kokoro said:
The landlord wants to return the security deposit back to me but the deposit is in my mother's name.
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If the landlord seems willing to pay you simply ask the landlord what is needed. Perhaps providing a copy of your mother's death certificate will be sufficient?
I agree with the above as to what is technically correct, but this seems to be something nobody is looking for as affairs were settled three years back. Nobody will blink an eye if the landlord pays you directly.
 
mightymoose said:
I agree with the above as to what is technically correct, but this seems to be something nobody is looking for as affairs were settled three years back. Nobody will blink an eye if the landlord pays you directly.
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I have been thinking the same thing this entire time, but was avoiding mentioning it because this is a forum for legal advice. The chances that anybody would even know about it if you were paid directly, much less care, are very slim.
 
mightymoose said:
If the landlord seems willing to pay you simply ask the landlord what is needed. Perhaps providing a copy of your mother's death certificate will be sufficient?
I agree with the above as to what is technically correct, but this seems to be something nobody is looking for as affairs were settled three years back. Nobody will blink an eye if the landlord pays you directly.
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I always advise my clients that if it is possible to reach an amicable settlement OUTSIDE of the alleged "legal system", one is wise to do so.
 
Now that I think about it, if the OP has a lease in her own name without mention of the mother at all, then I don't think the landlord really has any choice but to pay the OP directly.
 

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