Lithonia, GA asked in Probate for Georgia

Q: My brother passed away last January with myself and my two siblings as his hiers, we arent on his deed,his HOA

Is suing us to pay his HOA,in collection because to my understanding, my brother didn't have anything to probate, we was told we are responsible for his HOA fees after he passed away in the state of Georgia

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2 Lawyer Answers
Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You are not required to pay your brother's outstanding debts. Only his estate is responsible for his debts. That said, if he has HOA fees, it sounds as though he owns a house. If he owns a house, his estate may have value and one of you might consider opening his estate, selling his house, paying outstanding debts and distributing the remaining funds to his heirs, who might be you and your siblings if he has no children, was not married and your parents have passed away.

John W. Chambers Jr
John W. Chambers Jr
Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You do not provide sufficient information for an attorney to give you any direction. Generally, heirs would not be responsible for the debts of the decedent simply because they are heirs. However, if you wish to inherit real property (e.g., a home) owned by the decedent, generally the debts of the decedent would have to be paid or arrangements with the creditor would have to be made. I recommend that you contact a probate attorney in connection with this matter.

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