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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
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Would there be any legal problem if an executor, possessing letters testamentary, represen

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Would there be any legal problem if an executor, possessing letters testamentary, represents himself on the phone as the deceased (in order to avoid red tape and policy reissue at the time), when removing sold vehicles from the deceased's auto insurance policy? (Other vehicles would remain on the policy for fire and theft protection until they are sold, thus the reason for not cancelling the policy immediately.)

TMcJD :

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TMcJD :

Yes, there could be because that is fraud to represent yourself as someone you are not, especially someone that is no longer living. At this time, the vehicles are property of the probate estate, and so the estate (through the court appointed executor) need to be the named insured on the policies. There could be an issue regarding payment of any claims if an insured risk occurs but the executor hasn't notified the insurance company of death and changed the policies to the estate name.

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