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homeowners insurance (Insurance Law)

Tue, 09 Mar 2004 21:31:00 GMT

What is the name of your state? california
can you explain the ramifications of having a house without homeowners insurance? The house has no mortgage, paid off after the sole title holder passed away. There is no legal owner at this time until my daughter can get the executor to record the deed and title, which he is purposely dragging out. The house was left to her in the will, what can she do being she is not legally the owner yet? If there is a fire or injury on the property will she be liable in the event she later gets the title?

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  • Tue, 09 Mar 2004 21:36:00 GMT(1)
  • Quote:

    Originally posted by sparklem50
    What is the name of your state? california
    can you explain the ramifications of having a house without homeowners insurance? The house has no mortgage, paid off after the sole title holder passed away. There is no legal owner at this time until my daughter can get the executor to record the deed and title, which he is purposely dragging out. The house was left to her in the will, what can she do being she is not legally the owner yet? If there is a fire or injury on the property will she be liable in the event she later gets the title?


    My response:
    If the house burns, or as a result, causes damage to someone else's home, then the Executor is the one "on the hook". It's the Executor's job to maintain the Estate and to protect the Estate "Res". The Executor would also be on the hook to you for the value of the home.
    You're not on the hook for anything until such time as title is placed in your name, and properly recorded as such.
    You can report this "danger" to the court by intervening with an Order to Show Cause. See the Probate court clerk for the form, and file it with the court in the pending Probate action. Let the court know what's happening and, perhaps, have the Executor replaced with someone more responsible.
    IAAL
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