Is an estate responsible for an uninsured loss to a house?

The estate is in probate but the house was not transferred to the heirs. The house sustained major damage which was not covered by the insurance company.

Asked on November 12, 2012 under Estate Planning, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, until such time as the home is transferred to another, such as an heir, the estate is responsible for the house and for any losses or damages to it. The estate would  have to make good the damage or otherwise compensate anyone inheriting the home for the cost to repair or reduction in value.

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