I am named executor in relative's will but matter has still not gone to probate. In the interim, I must maintain properties she left me . To do so, I need to get hazard insurance and hire a property manager; but it seems I can't do that because I don't yet own the properties. I am really concerned about what I will do in the meantime as the property has issues. It seems I can't get insurance, etc. because I am not the owner. HELP! am at wits end. There must be something I can do.
Estate Planning Attorney
Why has probate not been opened? Have you contacted the insurance companies to ask if you can insure the properties or are you assuming they won't do it?
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You can get insurance on the property, but the insured will be the estate of the deceased or the insured will be the deceased. the insurance company is taking the conservative view that you do not have an insurable interest because the property is not in your name, therefore you are not eligible for insurance. Why don't you renew the policy now in existence? If there is a loss the insurance draft will have your mother as the payee, which is not a problem because you are the executor of her estate and you can sign the insurance check and put the check in your executor's account.
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Mr. MacInnis provides you a very good path to follow. If you are named as executor in the Will and it has "not gone to probate" as you state, that is your fault. You have a duty to probate the Will. You can have a hearing on an application for letters testamentary within about 14 days from the date the application is filed. Hire a lawyer, get it filed.
DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.