Huntsville, AL asked in Real Estate Law for Virginia

Q: Mother's trust titled house to me which was never done (in Quit Claim). Father took huge HELOC out on house.

When father dies, and HELOC not paid off, do I have responsibility for paying off his HELOC?

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2 Lawyer Answers
John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: Speak to an attorney

Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: Is your name and signature on the HELOC loan note or a guarantee of that Note? Did you assume the Note in any way? If not, it isn't your problem unless you wish to save the house from foreclosure. If the Note is in dad's name and nobody pays it, the bank's remedy is to foreclose the house and take a judgment against anyone who gave or guaranteed that Note. If the only signers are dead, they need to file that claim in the probate division of the court.

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