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? 16 Answers as of April 07, 2014

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.

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Ashcraft & Ashcraft, Ltd.
Ashcraft & Ashcraft, Ltd. | Randall C. Romei
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.
Answer Applies to: Illinois
Replied: 4/7/2014
Edward L. Armstrong, P.C. | Edward L. Armstrong
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.
Answer Applies to: Missouri
Replied: 4/7/2014
Attorney At Law | James G. Maguire
You have no personal responsibility for this. Only his estate does, and the estate is insolvent.
Answer Applies to: Louisiana
Replied: 4/4/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
No, you are not liable. His estate would be , if there were an estate.
Answer Applies to: California
Replied: 4/4/2014
Stephens Gourley & Bywater | David A. Stephens
Assuming the condo was never actually transferred to you the HOA claim is against his estate and the condo itself. If it was transferred to you, you owed the HOA fees.
Answer Applies to: Nevada
Replied: 4/4/2014
    Law Office of Jeffrey T. Reed | Jeffrey T. Reed
    Who owns the condo now?
    Answer Applies to: California
    Replied: 4/3/2014
    Ronald K. Nims LLC | Ronald K. Nims
    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.
    Answer Applies to: Ohio
    Replied: 4/3/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    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.
    Answer Applies to: Idaho
    Replied: 4/3/2014
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 4/3/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 4/3/2014
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 4/3/2014
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 4/3/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Your father?s estate would actually be responsible for the dues. If your dad?s estate was probated and you were the only heir, you would inherit all of your father?s assets, however you do have the right to disclaim your inheritance. The judge would have to sign the order so that the condo would officially become yours. However, If you decide to sell the condo, a part of the closing costs would be paying off any liens that your father owed.
    Answer Applies to: Florida
    Replied: 4/3/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to see the details, but I suspect you do not have any liability.
    Answer Applies to: Michigan
    Replied: 4/3/2014
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    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.
    Answer Applies to: Texas
    Replied: 4/3/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    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.
    Answer Applies to: Nebraska
    Replied: 4/3/2014
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