Legal Question in Wills and Trusts in New York

MY mom was sick & she named my aunt power of attorney.My aunt let people live in my moms house while mom was in a nursing home(dad passed away 10 years ago)these people wrecked the house & stole appliances.Can I hold my aunt responsible for repairs.Also would home owners insurence cover repair cost.Mom resently died & I inherted the house.Thanks for your time


Asked on 5/20/10, 2:34 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Q. Can I hold my aunt responsible for repairs?

A. Maybe. You would have to demonstrate that your Aunt failed to act prudently when she rented the house. For example, if she failed to take security. If the tenants did not pay rent. If she failed to do a reasonable background check. Of course, you may sue the tenants that damaged the house.

Q. Also would home owners insurence cover repair cost?

A. It depends on the language in the policy. However, my guess is probably not.

Mike.

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Answered on 5/25/10, 5:05 am


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