My mother has been deceased for almost 2 years. My daughter is the Executrix. I have just discovered that she cancelled the insurance on the house. Since the house remains an 'asset' to be equally divided, when sold, shouldn't the insurance have been maintained. Thank you for your time.
3 Answers from Attorneys
Yes, the house should be insured until settlement is completed on the sale of the house.
THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.
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The simple answer to your question is that an executrix has a duty to protect all assets of an estate so dropping the insurance would not be acting appropriately. I would sugget meeting with me to see what your actions may be.
This is a huge problem, and you need to get it fixed right away.
I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Robert Davies, Esq. 201-820-3460
The Davies Law Firm, P.A.
45 Essex Street, Suite 3 West
Hackensack New Jersey 07601
Please keep in mind that my response is just a general comment on your question, and not legal advice. I have answered based upon the law of the State of New Jersey where I practice; the laws in other states may be very different, and may result in very different outcomes. Your question and any response does NOT create an attorney-client relationship between you and this law firm. The exact details of your situation and things that you have not mentioned in your question can completely change the response I gave. You can not rely upon what I have written as legal advice, because I do not have all of the information that I need to advise you, I only have the very small amount of information that you put into your question. To get legal advice that you can rely on and use, please contact me directly.