I was my Fathers caretaker, and power of attorney in N.C. when he was dying. He left no will and said nothing about his home. After he died I received a cease and desist letter from a law office saying that there was a lien on my Fathers home lager than the value of the home, and that it was to be foreclosed on. I was advised to walk away from the home, was released from my duties as power of attorney, and abandoned the home shortly after my father's death. N.C. has served me a civil summons saying that I own the home and that I am responsible for the taxes and debt against the home that has accumulated since my fathers death. Is this right? Am I responsible, if so why?
I was advised to not go through probate to avoid being responsible for my fathers lien and other debts. Was this advise wrong? I am so confused.
You need to take all the paperwork the state sent you and see an attorney as soon as possible. Generally an heir is not subject to personal liability but there may be exceptions in NC. An experienced probate and real property lawyer will be able to get you accurate advice. Good luck.
The facts of this matter are a bit unclear based on your question. But it sounds like you are being told different things by different parties as to your responsibilities and liabilities. I highly recommend that you seek a consult with an attorney ASAP. These are serious issues so you should not sit on this.
The information contained in this answer is not legal advice and does not create an attorney/client relationship. The information is in the form of legal education and is intended to provide general information about the matter. The above is not, nor is it intended to be, legal advice. Consult your attorney with questions.
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