I started to Pit this, then I started to GQ it, so instead I’ll just put it here in hopes that perhaps somebody will have some advice. The problem has surely come up before.
Here’s the sitchation:
I live in a house that was purchased by my mother. For various reasons it is still in her name. That’s a WHOLE other story, but… it is in her name.
The insurance is paid through the escrow account. All payments to the mortgagor and all insurance payments have been met.
There is storm damage to the house- between $2k and $3k worth according to the estimates. It is fully covered by the homeowners insurance save for a $500 deductible.
Here’s the problem: the @##*(%U#@(& *&@#*(&#@#&#*&% goatuck@#* mongo*(@#(# *(@#wiping ()U#(9 inserting *(@#*(@*ifice nimrods at the insurance company keep informing me that because the house is in my mother’s name, SHE must make the claim. I have explained to three of them now that “Well, that presents a little problem…” and they’ll ask “why is it still in her name” and I’ll say “because the estate has not been settled”. I talked to one supervisor, haven’t talked to his supervisor, and basically they say “Well, sorry for the inconvenience, but…” and then explain why they have to go with her and that leads me back to base one, which they acknowledge is an inconvenience but…
I did volunteer to one that if she wanted to meet me at the cemetery with a notary and a shovel then I could get her signature. She wasn’t amused. I was less so- trust me, I didn’t resort to bad taste sarcasm until well into the proceedings. I could suggest a Ouija Board or seance perhaps, but best case scenario is they wouldn’t work and from there it goes downhill- my mother is NOT a shade you wish to disturb. (BELL WITCH being a 1, my mother would easily be good for a 5 if she’s having a moderately bad day; a really bad day would usher in Armageddon.)
So I’ve played phone tag with some claims executive or other but I’m not hopeful. Now, this HAS to have come up before- homeowners die everyday. Hell, people die in tornadoes/fires/other disasters that destroy their homes and end their lives everyday- I just can’t believe that there’s not a way around the issue.
I have released the Kraken- my sister’s the executrix of the estate and bloody LOVES to fight with bureaucrats- but meanwhile I’m waiting. Does anybody have any experience or advice or know what terms I need to mention with this matter to get around the inconveniences of a dead woman filling out a claim?
Release the kraken, I think. Without being a lawyer, I think the role of executor of an estate is to act for the deceased in legal and financial matters.
Can’t your sister file the claim as executer? You know “Susan Smith, Executer” and attach a copy of the death certificate? Usually a death certificate will settle the issue.
StG
PS - I’m not trying to say that your sister is a baby-killing liar
To expand a bit on StGermain’s post, I think the general idea is that the estate makes the claim–through the executor, of course. But consulting a lawyer is a good idea.
Of course, as a cynical former insider, I will point out that every day they delay paying you is another day they earn interest on their (your) money. Hence part of why they willingly get all legalistic.
In the meantime, is there money to fix the house without waiting on the insurance? I asked here awhile back why insurance companies are so quick to pay on claims involving roof damage. It’s because if your roof is bad, it’s going to get worse before it gets better, and it’ll have an impact on the rest of the house. Keeping the roof intact has a high priority.
I imagine the same is true for siding, doors, and windows. Keeping rain and critters out is important.
A copy of your mother’s death certificate along with a letter from your sister or the attorney handling the estate should suffice. Something saying “On behalf of the estate of Exalted Mother of Kathy and Sampiro, I hereby designate Sampiro authorization to handle any and all claims regarding damage to said home of Exalted Mother.”
IANAL, but I’m going off common sense. Which may or may not have any relevance to the actual practice of law.
When my father died, my mother got several copies of a document called “letters testamentary”. This, along with the death certificate, was all she ever needed to handle insurance, banking, etc.
My mother had the devil’s own time getting a certain cell phone company (which I’ll call, um, Rover) to settle out my dad’s account after he died five years ago. They seemed completely unclear on the concept; not even a death certificate helped. The way they went around and around with her, you’d think (actually, she was starting to) that nobody with a cell phone with them had ever previously died.
I think in the end she just started ignoring them until they began making nasty phone calls about the account, upon which she sweetly referred them to their earlier conversations. She was finally able to get the account closed, but it took months.
Sampiro, is there a Better Business Bureau in your area? They don’t have any authority, but they do try to mediate - and just the fact of being reported to the BBB sometimes gets a file kicked upstairs to a manager who’s upset with underlings that their company is the subject of a complaint.
Better yet are Letters of Administration, which give the executor the power to act for the deceased person. A death certificate just proves she’s dead. The house currently is an asset of the estate. The Executrix is the proper person to file an insurance claim.
Of course, I’ll echo the advice of others–talk to a lawyer.
IANAL, but I was executrix (gods, i love that word) for my father’s estate (such that it was) when he died. I was given authority to sign for him on anything that needed signing, I imagine that your sister should be able to sign for your mother in this case, but she should check with the lawyers to be sure.
