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Is there some way to negotiate final house payments if one spouse dies and (unknown to the other) allowed a policy to lapse?

My mother and father purchased a doublewide mobile home about 18 years ago. There was a separate, required policy that stated if anything happened to either one of them, the house would be paid off. My mother divorced and moved out less than 4 years after the purchase was made. Her name was not removed from the title because my father simply did not have the credit to buy out her half of the house. My father just passed away in early September (with about 2 years left). We just found out that in 2007, he permitted the policy to lapse. My mother was never notified of this (and thus has no opportunity to contact the insurance company and protect herself from just this circumstance). She is now responsible for the balance left on the house and CANNOT afford $500/mo +her own rent.

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Attorney answers (2)

Reputation Level 8
II am sorry to answer this with a question but it is necessary to know if there was a marriage settlement agreement. If there was, what is contained in there will have an effect on my answer to you. There is also the possability of selling the house to pay off the balance. Also, was your mother AND father owners of the insurance policy or just your father.

All of these isssues need to be known before an answer can be supplied.

Reputation Level 14
Did your mother notify the insurance company of a change of her address when she moved out? If not, then I doubt she has any right to notification of the termination of the policy. Hopefully she will be able to sell the property to payoff the remaining payments and keep the balance.

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