How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6516
Experience:  Wills, Trusts, Probate & other Estate Matters
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

Would there be any legal problem if an executor, possessing letters testamentary, represen

This answer was rated:

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.)


Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.


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.

Thomas McJD and 8 other Estate Law Specialists are ready to help you
Thank you. Please let me know if I can help with anything in the future.