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House fire lost everything! House is in a family Trust and agreement was monthly rent would cover insurance and property tax.

Glendora, CA |

When we asked about the insurance I was told he didn't pay the insurance. We lost everything and now I don't know what to do. I really do not want to cause more trouble with the family but my wife is upset. Do I have any options or is it a simple he said she said deal here? There is nothing in a contract it was all verbal. Not to mention the whole house was remodeled except for the garage. That was the last project to do. (This is where the fire started) I am ready to cut our losses and move on but my wife is not! She does have a point about losing all of our stuff hence why I am here asking?

Thanks-

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Attorney answers 4

Posted

A lot more detail is required to consider your situation. You should gather as much documentation to have, include the underlying lease, etc., and consult with a local landlord tenant or real estate attorney.

** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con

Posted

I agree with Mr. Gold - much more information is needed to determine if you have a cause of action. You should gather your documents and consult with a local litigation attorney with experience in real estate matters.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Posted

Hard to imagine unless house was fully owned not having insurance on it, usually a lender will insist. Sounds like something is amiss here...

Asker

Posted

House is paid for. My family owns it. My uncle is the trustee for the trust.

Scott Richard Kaufman

Scott Richard Kaufman

Posted

Hard to imagine any trustee not making sure such a valuable asset was insured. Homeowner's insurance is not generally expensive. Not having it? That is expensive.

Asker

Posted

Exactly! I now have renter insurance since we are now displaced. It cost a whopping $18 a month!

Scott Richard Kaufman

Scott Richard Kaufman

Posted

Mr. Morales makes sense and reminds me, there may be a fiduciary duty at play here, whereby trustee may be liable for not carrying insurance, maybe. Worth looking into...

Posted

Sounds fishy. Houses titled in trusts name usually still have insurance. If you do not have renters insurance you may want to sue the trust for your loss. Once a lawsuit is served on the trustee then I bet the insurance will magically appear. All this assumes the fire was not caused by you. Good luck with your case.

Marcus W. Morales, Esq
www.marcusmoraleslaw.com
Law Offices of Marcus William Morales
115 W. Mission St.
Santa Barbara, CA 93101
(805) 845-5405

All content posted on marcusmoraleslaw.com and avvo.com is for educational purposes only and should not be relied on as legal advice. Any information conveyed to marcusmoraleslaw.com, avvo.com or by telephone to the Law Offices of Marcus W. Morales does not create an attorney-client relationship until an attorney-client fee agreement has been entered into and signed by both parties.

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