Legal Question in Wills and Trusts in Georgia

How would insurance coverage be handled for property which is to be transferred to an estate? I am executor for relative's estate, which includes a residential property and a vehicle. There is no existing mortgage on the home, nor any debt owed on the vehicle. However, the insurance on these items has been paid thru October in the deceased relative's name. When these are transferred to the estate will another payment need to be paid or can a proration be made for payment? Should I wait until the current coverage expires before transferring the properties to the estate?


Asked on 8/27/13, 9:52 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your questions are exactly the reasons that an executor should not do anything withot a lawyer. Typically transferring the coverage to the estate is not difficult. The timing of transfers of property is based on many factors (not just insurance) and should be done with legal advice with a lawyer drafting the transfers.

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Answered on 8/27/13, 10:46 am
Robert Gardner Hicks, Massey & Gardner, LLP

Call each insurance company to let them know what is going on, and discuss transferring the policies into the name of the estate. The cost will either be nothing or minimal. although you will need to inform the car insurance company about who is driving the car. In some cases, failure to notify the insurance company could void the policy. If so, the executor will be liable to the heirs for any losses this causes. Therefore, call them today.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.

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Answered on 8/28/13, 10:58 am


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