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How do I insure the home I live in after my mom passed without a will and cant locate one sibling?

+1 vote
I lived in the house I grew up in helping take care of my mom and stepdad. I paid off the mortgage a few years ago then my stepdad died first and recently my mom passed as well. I still live in the house, my sister and brother both know the house was always intended to be mine however, my mom never got around to doing a will or title transfer.

Now the homeowners policy will end in February and I cant insure the house because I am not on the deed. My sister is willing to sign a quick deed or whatever it is releasing her interest in the home but no one knows where my brother is nor has any contact with him. I've only been able to reach him via FaceBook and there is some story about being out of the country for good. So I cant get him to do any paperwork to release his interest or even for deed purposes be joint owners.

I have no interest in selling the house but if I ever did I would have a legal document stating that the money would be split equally between me and my siblings so I'm not looking to get over on either. I simply need to insure the house I live in,

Help!
asked Feb 4 by David Wallace

1 Answer

0 votes
This is a complicated situation. You will need a good real estate attorney to open a probate estate in order to proceed. An executor will be appointed to handle the administrative tasks. At this point you will be able to contact the insurance company and ask them to cover the home during the probate process.

Locating your brother may involve placing ads or notices in newspapers or other publications. Hiring a private investigator is another option. If an exhaustive search doesn't locate him, the home may be able to be transferred by court order or another legal mechanism that wouldn't require him to sign off. This is rare though, so you do need an experienced real estate attorney to guide you through the process.

Once the probate process is complete and you are named as the heir, the insurance company should be informed of the change of status. You are free to insure with them again or compare rates with other insurance companies.

To sum it up, start the probate process as soon as possible. This will give you some legal basis to request the insurance renewal. If your mother and stepfather had a long term relationship with the insurance company, they may be happy to issue a policy and keep a customer.

It's very important to realize that legal requirements can vary from state to state. Please consult an attorney in your state.
answered Feb 8 by ilawson (260)
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