Bagdad, AZ asked in Insurance Bad Faith, Divorce, Estate Planning and Probate for Arizona

Q: My dad was staying in a hotel that his insurance company paid for while his house was being repaired but he just died.

Me and my sister are his heirs but my mom(divorced) is telling me that since the insurance company is rebuilding part of the house to keep it up to code, that they're actually going to charge for the repairs. Is that really true and what are mine and my sisters options? And does my mom have any right to be involved?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Insurance Claims Lawyer
  • Little Neck, NY

A: An Arizona attorney could advise best, but your question remains open for two weeks. I'm very sorry about the loss of your father. Your question is a little bit complex and straddles a number of categories; I can only address the insurance-related ones. The insurance company's decision would depend on underlying cause of the need for repairs, degree of damage, how much additional work needed to bring things to code, and other issues. These settings are generally handled on a case-by-case basis - there's no universal formula. It could be up to the claim examiner and the insurance carrier.

In terms of the other issues about heirs/family, attorneys in the Probate and Estate Planning categories would know those best. There's no guarantee all questions are picked up, but you could add Probate and Estate Planning to your categories and repost - or reach out to attorneys who practice in that area. Good luck

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