Florida  |  Wills and Trusts

Legal Question

Asked on: 4/17/12, 2:34 pm

The property in my dads living will requires hurricane insurance. The insurer refuses my payment saying the owner is deceased. I have inherited the property thru the trust. Do I have to file for a new deed?

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Answered on: 4/17/12, 2:46 pm by Richard Kaplan

Your question has some conflict in your explanation, so it is a bit difficult to know what the problem is. I will try to give some general information based on some assumptions.

It appears that Dad's Trust has realty that is to be distributed to you since he passed away. Therefore the Trust should distribute it and whether you get insurance or not is up to you.

Or, that your father has passed away and the Trust owns the property for your use and benefit (you are a life beneficiary). However, it does not provide that it is to be deed to you. That would explain the required hurricane insurance. In that case, the Trustee of the Trust needs to apply for the Insurance as the owner (though you may be a life beneficiary).

If I got it wrong, you are going to need to contact an attorney for a consultation to understand it better.


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Answered on: 4/17/12, 6:42 pm by David Slater

Apparently they are refusing to insure the estate property. Some carriers will. If the estate has gone to probate, the Personal Representative can convey to the new owner by executing a deed. The new owner can then apply for insurance.


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David P. Slater, Esq. 5154 Windsor Parke Dr. Boca Raton, FL 33496

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