Help Needed With Home Insurance

[JasonSix78]

My grandparents purchased their home in the 1950's and in the late 90's my Grandfather signed the property over to my Uncle when his health was declining. In 2003 my Grandfather passed away which left my Grandmother in the home. Less than a year later my Uncle committed suicide.

4 months before took his life, he remarried. So since my Uncle was the legal owner of the property, everything went to his new wife. His new wife has cut off all contact with us and has done nothing to acknowledge her "accidental" acquisition of my grandparents property. I say accidental because of the fact that she had an option of splitting the property before she signed the papers.

On to my questions; Should we continue paying Home Owners insurance on the house or just drop it. In the event of a claim, who would receive compensation; my Grandmother who still lives in the home or my Uncle's wife?

Sorry if any of this was hard to follow, I've tried to condense it as much as possible.

 

[mugs]

That's a messed up and unfortunate situation...

Can you even purchase homeowner's insurance for a home you don't own?

 

[Joemonkey]

Originally posted by: mugs
That's a messed up and unfortunate situation...

QFT

OP i have no idea how that would work. uncle's widow even care about grandma still living there?

 

[Billb2]

Hire a lawyer.
Open and notorious use.......
Grandpa may own the house again already.

As for the homeowners insurance, it protects the owner from any liability arising from the ownership of the home.
Just out of curiosity, who's paying the taxes?

 

[Capt Caveman]

Why did your grandmother sign over the property to your uncle? Did he pay the property taxes?

 

[Baked]

Did your uncle's new wife collect life insurance for killing your uncle?

 

[mugs]

Originally posted by: Baked
Did your uncle's new wife collect life insurance for killing your uncle?

This wouldn't surprise me, although we don't know the details. Who commits suicide 4 months after getting married?

 

[JasonSix78]

She (Uncle's wife) has been paying the taxes on the home. I went online to our County Tax Collector's website and verified. I also payed a visit to the Register of Deeds and confirmed that she was the legal owner of the property. All of this mess was only brought to my attention about a year ago. If I would have known back in 2004 I would have intervened.

Originally posted by: mugs

Originally posted by: Baked
Did your uncle's new wife collect life insurance for killing your uncle?

This wouldn't surprise me, although we don't know the details. Who commits suicide 4 months after getting married?

Yeah, really, that's what a lot of people were asking...including myself. To pin a reason for his suicide on one thing would be pure speculation. No one knows the reason except him. I had spoke to him the day before he died and the bulk of the conversation was him complaining about his new wife. The whole thing seemed fishy to me at the time, hell it still does, but no one else seemed to share my thoughts.

 

[JasonSix78]

Originally posted by: mugs
That's a messed up and unfortunate situation...

Can you even purchase homeowner's insurance for a home you don't own?

The insurance is still in my Grandfather's name. They just continued sending the bill to my Grandmother's home. They've probably had that insurance policy for decades.

Originally posted by: Joemonkey

Originally posted by: mugs
That's a messed up and unfortunate situation...

QFT

OP i have no idea how that would work. uncle's widow even care about grandma still living there?

What I'm thinking is she (my Uncle's wife) is just waiting for my Grandmother to pass and then she'll take over the property. That's the only thing I can think of.

 

[alkemyst]

Originally posted by: mugs
That's a messed up and unfortunate situation...

Can you even purchase homeowner's insurance for a home you don't own?

an insurance carrier is usually only interested in the premiums...they don't care who owns what.

To the OP...I'd cut off the insurance. I don't know why one would need to ask that even here.

However; if you are not the one paying I wouldn't get in the middle of this, there is probably much they haven't shared with you if they are still making these payments.

 

[waggy]

whoa. what a messy situation. doubt you are getting the full story. but if your grandfather signed it over to your uncle when he died it went to his wife.

thats going to be hard to fight.


i would stop paying insuranc.e though its possible the woner of the house will kick everyone out (wich she might do anyway).


but why did yoru uncle sign it over to someone else if he had a wife? that makes no sense. all it did is screw your grandmother out of it.

 

[Injury]

Well... for starters you, personally, have no legal bearing on the situation, so don't try and get involved in something if you really have no business with it.

I'm confused here about what exactly you are asking. Are you trying to reclaim the house, or are you ONLY wondering if grandma should keep paying insurance on it? If you aren't contesting that it's uncle's wife's property, then just stop paying any money on it. If the policy is in Grandma's (or Grandpa's) name, then ideally Grandma would get the check for repair costs, but it might be that the insurance company hasn't been notified during this whole thing that they no longer own the house. Because of the situation, the insurance policy has probably been violated and in situation, the insurance company might not have to pay anyone a dime (Even though they've probably been collecting on payments.)

If you want the property back in the family, then just get a lawyer. I can't think of any reason why a court would rule in favor of the aunt as long as: a) She's not living nor has never in the house. b) She nor the uncle didn't BUY the house. c) She has shown no indication of wanting ownership. If she's been paying the taxes on it, you might be able to get by with just compensating her for the taxes and any other money she had to pay for it.

In any event, talk to a real lawyer about the situation.

 

[waggy]

Originally posted by: Injury
Well... for starters you, personally, have no legal bearing on the situation, so don't try and get involved in something if you really have no business with it.

I'm confused here about what exactly you are asking. Are you trying to reclaim the house, or are you ONLY wondering if grandma should keep paying insurance on it? If you aren't contesting that it's uncle's wife's property, then just stop paying any money on it. If the policy is in Grandma's (or Grandpa's) name, then ideally Grandma would get the check for repair costs, but it might be that the insurance company hasn't been notified during this whole thing that they no longer own the house. Because of the situation, the insurance policy has probably been violated and in situation, the insurance company might not have to pay anyone a dime (Even though they've probably been collecting on payments.)

If you want the property back in the family, then just get a lawyer. I can't think of any reason why a court would rule in favor of the aunt as long as: a) She's not living nor has never in the house. b) She nor the uncle didn't BUY the house. c) She has shown no indication of wanting ownership. If she's been paying the taxes on it, you might be able to get by with just compensating her for the taxes and any other money she had to pay for it.

In any event, talk to a real lawyer about the situation.

actually i would think it would be easy for teh aunt to keep it. it is hers legally.

A) so what? she never has to live in the house.

b) again sho what? it was signed over to her husband. when he died it is left to her.

C) is hte only possible. if she is not paying tax's or insurance then yeah you might have a chance. slim but a chance.

though i doubt they house is going ot revert back to the grandmother.

I'm still trying to figure out why the grandfather did it. it was in his name. he should have a will detailing EVERYTHING that was to happen with the property once he died. he could have even had someone help the grandmother keep track of finances and payments. there was no need to put it in the uncles name.

now the house is legally the aunts and the grandmother is screwed.

 

[Injury]

Originally posted by: waggy

Originally posted by: Injury
Well... for starters you, personally, have no legal bearing on the situation, so don't try and get involved in something if you really have no business with it.

I'm confused here about what exactly you are asking. Are you trying to reclaim the house, or are you ONLY wondering if grandma should keep paying insurance on it? If you aren't contesting that it's uncle's wife's property, then just stop paying any money on it. If the policy is in Grandma's (or Grandpa's) name, then ideally Grandma would get the check for repair costs, but it might be that the insurance company hasn't been notified during this whole thing that they no longer own the house. Because of the situation, the insurance policy has probably been violated and in situation, the insurance company might not have to pay anyone a dime (Even though they've probably been collecting on payments.)

If you want the property back in the family, then just get a lawyer. I can't think of any reason why a court would rule in favor of the aunt as long as: a) She's not living nor has never in the house. b) She nor the uncle didn't BUY the house. c) She has shown no indication of wanting ownership. If she's been paying the taxes on it, you might be able to get by with just compensating her for the taxes and any other money she had to pay for it.

In any event, talk to a real lawyer about the situation.

actually i would think it would be easy for teh aunt to keep it. it is hers legally.

A) so what? she never has to live in the house.

b) again sho what? it was signed over to her husband. when he died it is left to her.

C) is hte only possible. if she is not paying tax's or insurance then yeah you might have a chance. slim but a chance.

though i doubt they house is going ot revert back to the grandmother.

I'm still trying to figure out why the grandfather did it. it was in his name. he should have a will detailing EVERYTHING that was to happen with the property once he died. he could have even had someone help the grandmother keep track of finances and payments. there was no need to put it in the uncles name.

now the house is legally the aunts and the grandmother is screwed.

You're absolutely wrong. The fact that she has been living in the house since the 50's and the aunt has made no attempt to make her vacate the property AND the fact that grandma has been treating the property as her own (ie: homeowner's insurance, living there with no lease/rental/etc., making repairs to the house as necessary) may be reason enough for the court to grant her ownership of the property.

"Plainly stated, this means the law does not reward a person who neglects to enforce his property rights by allowing him to claim the fruit of another person's labor at a later time. Failure of a landowner to exercise and defend his property rights for a certain length of time may result in the permanent loss of the landowner's interest in the property."

http://en.wikipedia.org/wiki/Adverse_possession

http://www.expertlaw.com/libra...dverse_possession.html

 

[sactoking]

From an ownership standpoint, your grandmother bears the burden of proof to show that the new owner has relinquished her rights. The fact that the new owner pays the taxes will be enough in most jurisdictions to affirm her defense that she has not waived her claim to the property. All other aspects of the ownership change can EASILY be explained away by a competent attorney.

From an insurance standpoint, your Grandfather's policy is not legal. The moment ownership transferred to your uncle, your grandfather lost his insurable interest in the asset. IF something were to happen and a claim were to be filed under his property, they would ask for proof of ownership. When it came back that he no longer owned the house, the claim would be denied. It's best for your grandmother to stop paying the premium and consider renter's insurance. In fact, your grandmother should take the proof of ownership in your aunt-in-law's name and send it to your insurer and get her premiums refunded. It is illegal for the insurer to knowingly accept premium on an invalid policy. If they unknowingly accept such premium, the must refund it immediately upon proof of an invalid policy. You can't get her the house back, but you CAN get her some money and place the onus of ownership on the aunt.

 

[JasonSix78]

I take care of my Grandmother. She has put me in charge of everything; her bills, finances, etc. That's the reason I'm asking. When it came time this month to pay her house insurance, that is when it really hit me that it may be pointless to continue paying it.

Really, I just wanted someone to confirm that, in the event of a claim, that the insurance would benefit my Uncle's wife instead of my Grandmother. If so, then I would quit paying it. As far as the house and land is concerned, it would be great to get it back into my Grandmother's name but from a legal standpoint I always thought it was impossible.

 

[waggy]

Originally posted by: JasonSix78
I take care of my Grandmother. She has put me in charge of everything; her bills, finances, etc. That's the reason I'm asking. When it came time this month to pay her house insurance, that is when it really hit me that it may be pointless to continue paying it.

Really, I just wanted someone to confirm that, in the event of a claim, that the insurance would benefit my Uncle's wife instead of my Grandmother. If so, then I would quit paying it. As far as the house and land is concerned, it would be great to get it back into my Grandmother's name but from a legal standpoint I always thought it was impossible.

i would think i twould go to the aunt.

BUT another quesiton is the grandmother is living rent free i would think. if so why complain about $800 or so a y ear?

 

[waffleironhead]

So your grandpa signed away his property to avoid having to pay for medical bills?

 

[Injury]

Originally posted by: JasonSix78
I take care of my Grandmother. She has put me in charge of everything; her bills, finances, etc. That's the reason I'm asking. When it came time this month to pay her house insurance, that is when it really hit me that it may be pointless to continue paying it.

Really, I just wanted someone to confirm that, in the event of a claim, that the insurance would benefit my Uncle's wife instead of my Grandmother. If so, then I would quit paying it. As far as the house and land is concerned, it would be great to get it back into my Grandmother's name but from a legal standpoint I always thought it was impossible.

You should get a consultation with a lawyer regardless. We're talking about a house here, and the aunt deserves this place about as much as anyone on ATOT does.

 

[boomerang]

I'm no legal eagle, but I believe there is a very real possibility that the laws pertaining to this issue could vary from state to state.

You've gotten some very sound advice here, but I would find out the laws as they pertain to where you live. A lawyers advice in a situation like this will not amount to a lot of money. One visit and your questions will be answered. An attorney that deals primarily in real estate would be my guess as to who would be best qualified. Any competent attorney may fit the bill just fine.

Find out for sure.

As someone said, you quit paying the insurance, and there is a very real possibility that grandma could be thrown out on her ear. She's been living there rent-free if I understand correctly. On the other hand, continuing to pay the insurance bill is no guarantee of anything. She could still be booted out. Find out.

 

[D1gger]

Your grandmother should at least carry personal possession insurance. In the case of a fire she needs to be reimbursed for damage or destruction of her possession. The "aunt" should be carrying and paying for homeowners insurance for the dwelling.