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? - Estate Planning Law Questions and Answers- LawQA.com

Free Answers to your Legal Questions by Lawyers.
ask »


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?

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.

Ashcraft & Ashcraft, Ltd.
Contact this Attorney Now

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


Contact this Attorney Now

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: 4/5/2014


Contact this Attorney Now

You have no personal responsibility for this. Only his estate does, and the estate is insolvent.

Answer Applies to: Louisiana
Replied: 4/4/2014

Answer By Edwin K. Niles

Contact this Attorney Now

No, you are not liable. His estate would be , if there were an estate.

Answer Applies to: California
Replied: 4/4/2014


Contact this Attorney Now

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

Answer By Jeffrey T. Reed

Contact this Attorney Now

Who owns the condo now?

Answer Applies to: California
Replied: 4/3/2014

Answer By Ronald K. Nims

Contact this Attorney Now

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
Contact this Attorney Now

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


Contact this Attorney Now

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

Answer By Victor Waid
Law Office Of Victor Waid
Contact this Attorney Now

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

© 2017 MH Sub I, LLC. All rights reserved.
Terms & Conditions | Privacy Policy | IB Cookie Policy