"This Landlord Is Taking a Leak On My Mom's Grave"

Summary

Episode Summary: "This Landlord Is Taking a Leak On My Mom's Grave"

Release Date: August 9, 2025
Host: Ramsey Network

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Caller’s Story and Initial Challenge

The episode begins with a heartfelt call from a listener grappling with the aftermath of his mother's passing. On February 20th, he lost his mother at the age of 71. The loss was particularly hard on his daughters, who were her only grandchildren. Amidst the grief, he discovered issues with his mother's apartment lease, leading to significant financial stress.

Key Points:

• Lease Complications Post-Death: The caller's mother had signed a new lease in February 2025. After her passing on March 7th, he assumed all was settled, having turned in the keys and cleared the apartment by early April.
• Unexpected Rent Requests: Despite these actions, he began receiving rent payment requests via Venmo starting April 1st. Subsequent attempts to resolve the issue with the property manager were unsuccessful, culminating in delinquency notices by May.
• Landlord’s Legal Action: The landlord insisted that the unpaid rent covering the remaining lease term was a liability of the estate, pressuring the caller despite his efforts to settle the matter amicably.

Notable Quote:

Caller [00:07]: "He is insisting that he's entitled to the full remaining value of the lease because the lease she signed, she signed a new one, and it took effect this past January."

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Dave Ramsey’s Financial and Legal Guidance

Dave Ramsey addresses the caller's predicament by elucidating the distinction between personal liabilities and those of an estate. He emphasizes that while the deceased's personal debts don't transfer to the heirs, the estate itself is responsible for settling outstanding obligations.

Key Points:

• Estate vs. Personal Liability: Ramsey clarifies that the mother's estate is liable for the remaining lease payments, not the caller personally. This distinction is crucial in understanding legal responsibilities after a death.

  Dave Ramsey [03:14]: "Well, it's the same thing. Same thing. It's still a liability. It's a contractual liability that she owed."

• Importance of Probate: He recommends initiating the probate process to formally manage the estate's obligations. Probate involves legally validating the will (if one exists) and ensuring that debts and taxes are paid before distributing assets to heirs.

  Dave Ramsey [04:20]: "But in most states, if you go through probate, what you do is... you post a widely publicized notice to creditors."

• Handling Aggressive Landlords: Ramsey advises against engaging further with the contentious landlord. Instead, he suggests leveraging legal avenues through an estate attorney to counteract unjust claims.

  Dave Ramsey [06:09]: "You're not liable for anything. You understand?"

Notable Quotes:

Dave Ramsey [02:43]: "If you go through probate and go with an attorney. If that is Texas law, and I don't know if it is, I'm just saying."

Dave Ramsey [07:41]: "You're not on the lease and so I'm going to counter sue him for a hundred thousand dollars."

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Co-Host’s Input and Additional Advice

Throughout the conversation, the co-host provides supplementary advice, reinforcing Ramsey’s points and offering additional perspectives on handling state-specific real estate laws.

Key Points:

• State-Specific Laws: The co-host mentions Texas's unique legal landscape, hinting at complexities that may require specialized legal counsel.

  Co-host [04:02]: "I'm kidding, but not really. Sitting next to my text. Sitting next to my resident Texan here."

• Dealing with Legal Aggressors: Emphasizes the importance of not engaging with overbearing landlords and relying on legal professionals to mediate disputes.

  Co-host [08:31]: "Well, he's got somebody on retainer that just prints these letters for him every other week and it just doesn't mean anything to anybody."

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Concluding Insights and Takeaways

The episode underscores the significance of understanding estate liabilities and the probate process in the wake of a loved one's passing. Ramsey advocates for proactive legal engagement to protect oneself from unwarranted financial claims and stresses the importance of compassion and respect in such sensitive situations.

Key Takeaways:

• Clarify Estate Responsibilities: Ensure that all debts and liabilities of the deceased are managed through the proper legal channels.
• Seek Professional Legal Help: Engaging an estate attorney can provide clarity and protection against unfounded claims.
• Maintain Boundaries with Landlords: It's essential to establish clear communication and legal standing to avoid personal liabilities.

Final Notable Quote:

Dave Ramsey [08:51]: "Yeah, seeing who we can piss off here. Oh gosh, sad. Yeah, get a, get a lawyer. That's what you're gonna have to do."

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This episode serves as a poignant reminder of the complexities that can arise after a loss and the importance of navigating them with informed legal and financial strategies.

Transcript

[Dave Ramsey]

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[Caller]

I wanted to pick your brain not only as a financial guru, but someone. For my knowledge, you own a lot of residential real estate, and I wanted to get your opinion on something back. On February 20th, I sadly lost my mom at the age of 71. She had been retired for about six years. And it was a hard time because I think my daughters took it the hardest because that was their only living grandparents and they were her only grandchildren. So it was not a good spring break that year. But February 20, after she died the next week I got. She had just signed a new lease at her apartment that she was in. And I told the property manager about what happened. I said, you know, we'll get her stuff out as soon as we can. She said, of course, you know, take your time. I understand. And it was about two weeks later, after she died on March 7, me, my wife got everything out of the house, cleaned it up, turning the keys, and she wished us the best. I'd gotten a. I kept her phone on for a while to keep, you know, just to make sure all loose ends were tied up. And she. I'm getting a rent request from Venmo because that's one of the ways she was able to pay was through Venmo. And she said, no, don't just ignore it. It's okay. Like, okay, it's turning the keys. Assumed everything was fine. April 1, as a Venmo request for rent. Again, I call the property manager. He says, again, I will talk to the landlord. Don't worry about it. And May. I'm getting. I'm getting now letters because I haven't listed as a contact reference for her on the lease. And it says that she's delinquent, Seriously delinquent. And so I finally get a hold of landlord and tell him, look, I don't know why you're sending this. She passed away. I've turned the keys, the apartment's cleaned out. You're good to go. He. He's insisting that he's entitled to the full remaining value of the lease because the lease she signed, she signed a new one, and it took effect this past January. So he is. He is insisting that he's invalid, entitled to the full value of the lease. I try to tell him, what are you talking about? She's dead. Well, he is for a family.

[Dave Ramsey]

He is from her estate. Does she own anything?

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[Dave Ramsey]

Does she own anything?

[Caller]

She. All she had was a savings. Because when. When.

[Dave Ramsey]

How much was in savings?

[Caller]

Over 200,000.

[Dave Ramsey]

Okay. Then she. 200,000 has to be used to pay the lease. Yeah.

[Caller]

Really? That's a lease violation if you die.

[Dave Ramsey]

No, it's not a lease violation. She. Her estate. When you die, what you own stands good for what you owe. Assets versus liabilities. Okay. And what you. What she owed was a lease.

[Caller]

Wow. Okay.

[Dave Ramsey]

Okay, so she had. If she had $10,000 in credit card debt that doesn't just go away because she died.

[Caller]

Sure.

[Dave Ramsey]

Well, it's the same thing. Same thing. It's still a liability. It's a contractual liability that she owed. Now, you don't owe anything, but her estate does owe for this lease. And, yeah, he's technically right about that. He's being weird about it for sure.

[Caller]

Well, he's being disrespectful. Really. He went off a tirade on me the last time we talked about. About how it's post Covid, and I. I'm a landlord and I have no rights anymore. It's cost me money, and I feel.

[Dave Ramsey]

Like my tenants are all dying on me. Yeah. What a jerk. Yeah.

[Caller]

I feel like he's. I feel like he's taking a leak on my mom's grave. And with me. There's just some boundaries you don't cross, and that's one of them.

[Dave Ramsey]

Yeah, well, you're gonna lose. Probably. You need to. You probably. Do you not have this estate being probated?

[Caller]

No. I was her only son. She was never married. And there was no one else on lease.

[Dave Ramsey]

I think I'm gonna. I think I'm gonna spend the 500 bucks to go get an estate attorney and have it probated. Because in most states, and I don't know Texas law, but in most states, and Texas has some weird laws. Cause it's a republic. It's not a real state.

[Co-host]

I'm kidding, but not really.

[Dave Ramsey]

I'm kidding, but not really. Sitting next to my text. Sitting next to my resident Texan here. But anyway, the. Yeah, but The. No, they do have some interesting real estate laws that are different than a lot of states. But so check this out. But in most states, if you go through probate, what you do is, and I don't know since he's notified you if you can get by with this or not, but they post in a widely publicized thing like a legal newspaper, a notice to creditors. And if none of the creditors apply that they submit that they have a claim against this estate, then they lose their right to claim against the estate after 90 days or whatever in the notice of creditors. Period of time is okay. So you get all of that by going through probate and going with an attorney. If that is Texas law, and I don't know if it is, I'm just saying. But a lot of you listening out there, that's what you would face. So I think it's going to be worth your time to step out of this and let the probate attorney deal with the jerk.

[Caller]

I don't want to talk to that guy ever again.

[Co-host]

The other thing, again, it could have all changed, but when I was in Texas, they could only holds you for the gap until they fill that apartment back.

[Dave Ramsey]

That's, that's true.

[Caller]

That's what I'm thinking like, because I feel like that's double dipping.

[Dave Ramsey]

It's true in most states if, if you're not held to the liable, at least in most states, if they've rented it as he re rented it, I.

[Caller]

Even the property manager I spoke to, unfortunately is no longer there. And I haven't even been by that apartment because it's on the other side of town.

[Dave Ramsey]

I bet.

[Co-host]

So it may be that you only owe two months of, of rent or three months.

[Caller]

I knew March because our belongings were still in there. We didn't clear out the apartment.

[Dave Ramsey]

Honey, it's a liability, okay? It's a contract, just a stream of payments. And technically in most states, you're going to be held, not you. The estate is going to be held liable. You're not liable for anything. You understand?

[Caller]

I think that's, I think that's where this guy screwed up. Because the other thing I haven't told you yet was I got a summons this past Friday and he is suing me for the value for 27120, which is the remaining 16 months.

[Dave Ramsey]

Well, you're not on the lease and so I'm going to counter sue him for a hundred thousand dollars.

[Caller]

Yeah, because I know on the, on the summons he's not suing me as the, as the executor of her state.

[Dave Ramsey]

Yeah.

[Caller]

Power of attorney. Over. Over her stage. In her last year, she had been on dialysis, and she wanted to make.

[Dave Ramsey]

Sure that he can sue you for. As. As the power of attorney or as the executor, but he can't sue you. You're not on his lease, so.

[Caller]

Right.

[Dave Ramsey]

But what this guy is is a cowboy out of control, and we're going to have to get an attorney, smack him back off the saddle. Okay, well, do. Yeah. You're going to have to get me straightened up, because he's. Not only is he. Is. He overstepped his bounds legally there, but he's also just being a jerk because normal people would say, hey, your mom passed away. You're technically liable for this whole thing. Let's work something out. I'm so sorry you lost your mom. That would be the phone call you got from Ramsey. Okay.

[Caller]

I was gonna say, how would you deal with a tenant who passed away? I mean, yeah.

[Dave Ramsey]

Now, if they. But, you know, if they got $10 million in their bank and they don't want to pay, I'd go get it, but I wouldn't have been a jerk about it. And I'm not going to give you a lesson on Covid landlord rights. That's just. That's. None of that's relevant. All that's relevant is simple thing. Your mom's estate is liable for her lease, probably in Texas, like it is everywhere else. Again, check your. You need to go get a lawyer, and you spend 500 bucks on a lawyer.

[Caller]

Do you recommend probate or.

[Dave Ramsey]

I would start with probate and ask the probate lawyer if he can handle this eviction or this other lawsuit and smack Cowboy down, because cowboy's out of control here. He's lost his dadgum mind. He's pissed off, pissed off, redneck landlord, and he thinks he can sue everybody, and he can't.

[Caller]

I mean, I had enough dealing with my daughters about my mom passing. I don't need this.

[Dave Ramsey]

Well, I mean, it's. It's just. You know, it's $200,000 in the bank versus cleaning this mess up. That's. That's. That's the way you got to look at it instead of. I mean, this guy didn't know your mother.

[Caller]

He.

[Dave Ramsey]

You know, it's just. It's. It's just sad that people don't have any sense. I mean, relational sense anymore. And so you. You can handle stuff like this and be firm and still be nice. You don't have to be a jerk about it. But the guy being a jerk is going to get him. And then he went and got all crazy and sued the wrong person.

[Co-host]

Well, he's got somebody on retainer that just prints these letters for him every other week and it just doesn't mean anything to anybody.

[Dave Ramsey]

Yeah, but even that guy. If somebody's on retainer, they ought to look down at the lease and go, this guy's not on the lease. You think that's kind of like fourth grade level. This is not, it's not. This is not graduate level business law.

[Co-host]

No, they're just flexing on people, basic stuff.

[Dave Ramsey]

Yeah, seeing who we can piss off here. Oh gosh, sad. Yeah, get a, get a lawyer. That's what you're gonna have to do. I'm sorry, Hate to pay those people, but somebody needs to create your free every dollar budget today. The simplest way to budget for your life.