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My father died with an intestate and insolvent estate. i never got involved with the property after his death, and walked away

Long Branch, NJ |
Filed under: Intestacy and probate

his hoa has recently sued me for delinquent hoa dues. i don't think they realize that i am not a title holder of the property. they say because i am sole heir that i am somehow responsible. this is incorrect, right?

Attorney Answers 2

Posted

HOA fees run with the title of the property, therefore, you are only liable if the title of the property has passed to you.

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Posted

but i believe they're considering me as "beneficial owner" of the property. is there case law that could support their position in nj? and thus i am responsible?

Posted

Their argument is that when your Dad died, you became the beneficial owner of the property and are enjoying the benefits of the property even though title has not passed to you. There is some caselaw that might support this claim. It can be challenged. However, you do have to see a lawyer to get more advice about this. Do not ignore any suit naming you as a defendant.

The foregoing answer is for informational and educational purposes, not for purposes of legal representation. This answer is based on New Jersey law and is necessarily general in nature.. Laws in other states may be different, and each situation is different, so this answer might not apply accurately to you. No attorney client relationship is to be implied from this answer. Always seek independent legal advice.

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Posted

how might an attorney challenge this lawsuit? everything i read tells me i am not responsible for any of his debts so long as i am not a cosigner of anything, which i am not. six years have passed since his death, and now they want to sue me for $26,000 in delinquent hoa dues?!?!?! seems quite rediculous that i could be responsible

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