Legal Question in Real Estate Law in New York

I have been summoned for a lead poisoning on property my father owned that I am now executors of should I do?


Asked on 12/12/12, 5:00 pm

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

You may have an emergency on your hands.

1. find the insurance. If you can't find the policy or policies, look through effects for calendars from brokers. Check your father's email to identify the broker. Check bank records for cancelled checks, premium payments, etc.

2. notify the insurance company of the suit. Make sure you assert this is your first notice.

3. you might want to hire an attorney to handle the insurance/claims side, since Trusts&Estates;attorneys are good at what they do but it does not include insurance coverage and claims. This stuff can be tricky, especially to one who does not practice in insurance.

4. if Dad had commercial liability insurance then you are automatically covered as his executor. If not, then get your own coverage in place ASAP. You may have an exposure to personal liability that could exceed the value of the estate by orders of magnitude. You can't duck the liability if you have "qualified" as executor. If letters testamentary have NOT been issued then tell the T&E lawyer to stop work immediately, as you may need to renounce being executor.

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Answered on 12/13/12, 4:40 am


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