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socrateaser
socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 39174
Experience:  Retired (mostly)
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I'm am living in my deceased grandparents house and paying

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I'm am living in my deceased grandparents house and paying property taxes. The title is still in my gp's name (14 yrs now). My mother refuses to insure the house and will not sign a waiver for me to purchase HO insurance. I have made thousands of dollars in improvements and I'm concerned that if something happens I will be left with nothing. Is there another way I can obtain homeowners insurance?
JA: Estate laws vary by state. What state are you in?
Customer: Texas
JA: What documents or supporting evidence do you have?
Customer: I pay the taxes to my mother by check and note them for property taxes. I have receipts for improvements over the years.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have tried to purchase the house, but she keeps stalling. I also pay all my uncle's utilities (his house is on the back of the property. I have done this for 14 years. My mother and uncle were the only two children from my grandparents.

Hello,

You can't purchase insurance unless an insurer is willing to sell it to you. However, you could petition the probate court to administrate the property and have title transferred to the bona fide heir(s) -- whomever they are. If one of them is your mother, then you could simultaneously seek reimbursement from the estate for the value of your improvements, and assuming that you prevail, the court may order the property sold to recover its value so as to pay your claim.

This could lead to a settlement, under which you would share title to the property (to avoid selling the property) -- and of course, once your name is ***** ***** you can purchase insurance.

It's certainly not a convenient process, but if you really want to protect your interest, then you need to get the legal "ducks all in a row."

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