My husband died four years ago. I never took the house through probate because of a dispute with the condo association. It has since been settled. I recently received my escrow statement saying that my flood insurance (which has never expired) has gone from $321 to $1759.13.
I have never been late on the payment in fact I am ahead .At the beginning of last year I received a check from chase escrow for $298.60 which I never cash. Are there any legal ramifications for not reporting my husband's death to the bank in a timely manner? And where do I go from here. If I cannot resolve this matter my mortgage will go up $300 a month which I cannot afford.
Any help would be greatly appreciated
Was the property just in your husband's name or was it in both of your names?
If it was just his name, then yes you need to go through probate. The good news is that since your husband passed away over 2 years ago, you can do a summary administration which is a simplified probate process.
If it was in both of your names, you should not need to do a probate. You should be able to just record an Affidavit of Continuous Marriage along with your husband's death certificate in the public records of the county where the property is located.
You need to meet with an attorney who practices probate law in the county where the property is located.
But rest assure, it should not be too painful of a process for you.
Best of Luck!
Estate Planning Attorney
They will most likely talk to you once you have been appointed as the Personal Representative of his estate and the Judge signs Letters of Administration. You should consult a probate attorney to determine the procedure to do this.
Lawsuit / Dispute Attorney
You don't say how the property was titled. It is also unclear whether you think the statement is saying that the insurance premium increased, or that the bank is looking to recover premiums it paid for you. You should consult with an attorney on this, more in depth than an Avvo posting.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
I agree that the next step for you would be to set up a consultation with a probate attorney in your area. As my colleague mentioned, you can probate the estate using summary administration, which is quicker and more affordable, because your husband has been deceased for over two years. Good luck.
This does not constitute legal advice, and there is no attorney/client relationship established.