If my son died intestate, am I responsible for his property and any related costs and expenses?

UPDATED: Sep 30, 2011

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If my son died intestate, am I responsible for his property and any related costs and expenses?

Son died with a condo in his name. I have no interest in the property and don’t want it (in bad condition). I am being dunned constantly for the payment of his condo fees, which are now $25,000. Can a quit claim to solve this problem?

Asked on September 30, 2011 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your son passed away without a will, you will need to file an intestacy proceeding to close out his estate so that the assets of his estate can be disposed of and creditors paid off by his estate. It is best that you retain an attorney experienced in wills and trust matters to asisst you.

You do not want to do anything concerning his estate's obligations without the guidance of an experienced attorney in that you do no want to end up being personally responsible for obligations claimed by his creditors.

If you are on record title to his condominium as an owner, you would be responsible for homeowner's dues as to it. If you are not on legal title to the condominium, do not have any intestacy proceeding placing your name on its title unless there is sufficient equity in it and your are the rightful heir to the property under your state's intestacy laws.

Good luck.

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