QUESTION
Am I really responsible for these dues if seven years after his death, the mortgage company decided not to foreclose which is when the HOA sued me?
Asked on Apr 01st, 2014 on Estate Planning - Washington
More details to this question:
I was sued by deceased father's HOA for debts accrued after he passed. His estate was insolvent so I walked away. He has no will. They say I'm sole heir and the property becomes mine when he died. I never took anything from the condo and simply walked away.
13 ANSWERS
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If the real estate was owned solely by your father, and not jointly with you, then the real estate remained in your father's estate. Any distribution, even if unrelated to the real estate, such as a bank account, from your father's estate to you would be subject to the debts of the estate. You may have to prove that his bank accounts were not distributed to you but otherwise you would not have any liability for the debts of the estate.
Answered on Apr 07th, 2014 at 11:03 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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I guess the answer to your question depends on what was done with the home. It is still sitting there and is on inhabited, as the sole heir to your father's estate title to the house would rightfully belong to you. In what court were you sued and how much were you sued for. How long ago did your father passed away. If it's a year or less might consider opening a probate estate and forcing the homeowners association to file a claim against the estate.
Answered on Apr 07th, 2014 at 8:50 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You have no personal responsibility for this. Only his estate does, and the estate is insolvent.
Answered on Apr 04th, 2014 at 8:19 PM
Edwin K. Niles
No, you are not liable. His estate would be , if there were an estate.
Answered on Apr 04th, 2014 at 5:30 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, you can't inherit debts. If you inherited a condo worth $100,000 and there was a $5,000 lien from the condo association, you'd have to pay off the $5,000 so you could sell the condo and get the money. But when you walk away from the condo (probably because it was underwater on the mortgage), you have no liability for your father's debts.
Answered on Apr 03rd, 2014 at 7:14 PM
2 Awards
No you are not. His estate is, and if the estate is insolvent, they are out of luck. The only exception would be if you were on the title to the condo.
Answered on Apr 03rd, 2014 at 2:25 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Suggest you consider suing the HOA for intentional infliction of distress and violation of the Fair Debt collections Practices Act violations. Obtain the services of a goods litigation attorney who specializes in these types of matters.
Answered on Apr 03rd, 2014 at 2:24 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like you remained in the home after your father died. The HOA is pursuing you for the dues while you resided there. If you were not the owner and never agreed to pay dues, then you have an argument you are not responsible. You do not say how much the dues are. I assume that the HOA either placed a lien on the property or foreclosed on it? It is possible that that is what they are suing to do. You should have an attorney review the paperwork to make sure.
Answered on Apr 03rd, 2014 at 2:24 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The debt is not yours, it belongs to the condominium. Tell the HOA to foreclose its interest in the condominium. If you want them to pay attention, you might get a lawyer to write a letter telling them they are full of baloney.
Answered on Apr 03rd, 2014 at 2:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would have to see the details, but I suspect you do not have any liability.
Answered on Apr 03rd, 2014 at 12:23 PM
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Did you co-sign or guarantee anything? Who has possession of the house? I'm going to need more facts, as this isn't adding up.
Answered on Apr 03rd, 2014 at 12:23 PM
Under most states' intestacy laws, the surviving spouse and children inherit whatever estate there is. As your father's only heir, the property would go to you if it wasn't sold to cover the debts your father owed at the time of his death. It would have been wise to formally reject and renounce your inheritance in writing instead of just "walking away." The HOA has every right to sue for the dues that should have been paid on the condo since that time. Whether you are obligated to pay the dues will depend on state laws.
Answered on Apr 03rd, 2014 at 10:22 AM
Thomas Edward Gates
You are not responsible for his debts. His estate is and, as you have pointed out, it was insolvent. Further, the dues assessment should have ended upon his death. See a probate attorney to assist you if they push the matter.
Answered on Apr 03rd, 2014 at 10:21 AM