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

Get Legal Help Today

 Secured with SHA-256 Encryption

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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption