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Caleb82 · Oct 9, 2011, 06:22 PM

My father passed recently. He deeded me our home (where he also lived) a few years ago, but never switched the insurance into my name. Before he passed, he had a new roof placed on the home. I was told if insurance finds out that "I" was the home-owner, they could ask for the money back for the roof---even though we still make our premium payments.

Fr_Chuck · Oct 9, 2011, 06:51 PM

Can they, most likely yes, if he did not have his name on the deed at all, he did not own it, so he had no insurable interest in the home, a legal requirement to buy insurance.

The insurance was not insuring you and the house.

But then why should they find out ? Who would tell them ?
Now that he is passed, merely put the policy in your name now. Change companies if it makes you feel better.

Caleb82 · Oct 9, 2011, 07:09 PM

Well, when I went to my agent to change the name, he saw that I owned the home since 2009 and not the insurer. But the insurer lived with me. He said he would wait awhile before changing the name on the policy since the work was done on the roof several weeks ago. BUT, I don't want to live with a cloud over my head that I can be sued later, after I have the name changed. I thought about getting umbrella insurance with another company in case something arises. Could I do that? Or can an individual get umbrella insurance without having his home with that insurance co.?

Fr_Chuck · Oct 9, 2011, 07:16 PM

The umbrella would not help you since the "act" they would be suing for is already done, you can't insure agaist something that has already happened.

Also they could consider it fraud, a criminal act and no insurance will cover a criminal act. (not that you were planning on anything wrong)

I don't know why or how they knew how long you owned it ? I buy and sell houses all the time and have never had to provde them any proof of purchase.

Also the issue here is that your "dad" would be the one that owe the money, since he is the one that was paid, so they could sue the estate. Any law suit against you should be thrown out, since the check was not paid to you, check not in your name.

Caleb82 · Oct 9, 2011, 07:30 PM

Well, the umbrella would be to safeguard me--since I was administrator of the estate. I did not know, neither did my dad, I'm sure, that when the deed was made, that the insurance needed to be changed. We never thought about it since he lived with me and paid it till he passed. He died actually before the roofers were paid, so I had to set up an estate account at the bank, etc. So that's why I thought they would come after me. BUT, since I am paying the insurance I don't know why they would sue me anyway--as long as they get paid.

I had to show the deed to my agent in order for him to change the name on the policy. That's when he saw I owned the home in 2009, not my dad...

So if the corporate office learns this, what is the likelihood they would pursue it?