My father died, can they make me sell the house?

[tps7c]

What is the name of your state (only U.S. law)? Virginia

Hi,

My dad passed away a few weeks ago, and I am his sole beneficiary (no other kids and my my passed years ago). I moved back into the house with my dad about 5 years ago to take care of him when he had a stroke. I have been taking care of him every since, and luckily I was able to run my company from home.

My dad's will said everything goes to me, which is only his bank account ($1500) and the house. He probably has about 6k in outstanding debt (medical bills, few credit cards, and he owes the home owners association for back dues). Unfortunately, his bank account doesn't cover that amount, and I'm not in the position to pay it.

So my question is, can 'they' force me out of the house, and sell it to pay the debts? Or will I be able to stay as long as I pay the mortgage? (someone told me it was called a residential continuation). The house is worth about $175k, but he refinanced under Obama's mortgage plan, so there is literally no equity in it.

Thanks for any advice, as I'm really nervous they could make me get out quickly.

Tom

 

[curb1]

The homeowners association is going to be a problem. Depending on the strength of the contract, it will be difficult to ignore them. You can't afford the situation you are in. You could be setting yourself up for a sustained economic problem. On first blush, I would suggest selling the house (if possible) and getting yourself into a lower costing situation.

 

[nextwife]

Maybe they will let you set up a payment plan.

If so:

Get a roommate or two, and start paying them off.

 

[tps7c]

The homeowners association is going to be a problem. Depending on the strength of the contract, it will be difficult to ignore them. You can't afford the situation you are in. You could be setting yourself up for a sustained economic problem. On first blush, I would suggest selling the house (if possible) and getting yourself into a lower costing situation.

Thanks for the advice. Well, the mortgage is only $650 a month, which I can easily afford. I just don't have a spare 5k around to pay off his outstanding debt.

So basically, I'm wondering if, and how quickly, they can force me out. Any opinions? Should I try to work out a payment plan with the HE?

 

[justalayman]

So basically, I'm wondering if, and how quickly, they can force me out. Any opinions? Should I try to work out a payment plan with the HE?

it all depends on how quickly the HOA acts, if they act, and how busy the courts are.

so, have you used the $1500 to pay off what you could? It would seem the HOA might be the most important given your situation.

 

[curb1]

You need to talk with all of the people/institutions involved. You need to find out exactly where you stand before you can start making decisions about the unknown.