QUESTION

Real Estate Debts.

Asked on May 30th, 2014 on Real Estate - New Jersey
More details to this question:
My father passed away and left his condo to no one on his will. Problem is the debt on the condo is greater than what the home is worth. We have already giving up on the home but we are being hassled by maintenance which claims that me, the first born son, is legally responsible for this debt (i would understand if they said my mother who was married to my father at the time of purchase and remained so after death). I am not a co-signer nor a guarantee. The home lies in the state of new jersey, and all paperwork and ownership was under my fathers name. Am i legally responsible for the debt of this home and/or maintenance fees applicable to this condo?
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1 ANSWER

William Mack
The way you stated the facts is a little confusing.  It appears that your father died and your mother was alive when he did so.  It also appears that he left a will. Was the will taken through probate?  If so, was the condo transferred into your mother's name or did the will provide that someone else would get the condo?  You said your father left the condo "to no one" in his will.  However, wills almost always have a "residuary clause"; this is a general gift of anything of the decedent's property that has not been given away under other clauses of the will.  Are you saying that your father's will did not have such a clause?  That would be very surprising. However, if it did not, then the condo would pass to your mother under the laws of intestacy - meaning there was no will covering this particular property.  This would not happen automatically - your mother would have to go to the Surrogate and get letters of administration issued, and then cause the deed to the condo to be transferred into her name. So, it is unlikely that you as the son would be liable for these costs.  However, you MIGHT be liable if either (1) your father's will did have a residuary clause and you are the residual beneficiary (i.e., your father gave you the remainder of his property - including the condo - in this clause) or (2) you are living in the condo and the condo documents hold the occupant as well as the owner responsible for these costs.
Answered on Jun 12th, 2014 at 4:58 PM

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