Can I purchase a homeowner’s insurance policy prior to being named executor?

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Can I purchase a homeowner’s insurance policy prior to being named executor?

For many reasons, I have not gone through the probate process yet. Owners of the estate died 3 years ago. Not realizing that upon their death, the homeowners insurance would be null and void I continued to pay. Now the Insurance comes due for another year and I don’t know if there is anything I can do to buy a new policy without having been named executor though the courts.

Asked on April 16, 2012 under Estate Planning, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In order to purchase insurance you generally have to have what is known as an insurable interest in the person or property, which is a legal right to purchase the insurance.  Although you are the named executor you have not yet been appointed as the fiduciary so you do not have a legal right to purchase the insurance.  Maybe it is time for you to probate the estate. or at least have temporary letters for a limited purpose.  Good luck. 


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