QUESTION

who is responsible for HOA fees when condo is paid for, owner deceased and no will.

Asked on Jan 19th, 2020 on Wills and Probate - Florida
More details to this question:
My wifes son passed 2 years ago as of this last Dec 23. There was no will leaving the condo to anyone and theres really nothing of value (everything had roaches, fleas or covered with second hand smoke). The title is in his name and the unit is paid for. The manager at the complex has made contact with us when we've gone over to look and sort through things. She believes since my wife was the tenants mom she is responsible for the HOA fees. We paid for the first four month after his death and then quit. We are looking at taking this to probate. In Florida who is responsible for HOA when there is not a will leaving it to someone or a listed heir?
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
The son's estate is responsible for the HOA fees.  Your wife could apply to probate his estate and receive the property as his heir (if he did not leave a spouse or children or father).  She could also not apply and let the HOA, as a creditor, apply to probate the estate and sell the condo to recover unpaid HOA fees.
Answered on Jan 20th, 2020 at 5:11 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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