Legal Question in Wills and Trusts in New York
who is responsible for the major repair costs resulting from storm damage to a house which was not yet transfered to the named heirs? Damage was not covered by insurance. Is the estate responsible or are the named heirs responsible? Does the estate take the casualty loss or do the named heirs, even though the heirs have not yet received the deed to the house in question.
2 Answers from Attorneys
Presumably the Will provides the property is to be distributed to the heirs, and all that remained to be accomplished was the processing of the Deed transfering the property - a ministerial act. Under these facts I opine that property was that of the heirs from the time the Will was probated and, consequently, all responsibility is that of the heirs, unless the Will specifies otherwise. This is a reply to an Internet question and the response is set forth for information purposes only and is not intended to be legal advice or as creating an attorney-client relationship. Different facts might change the reply.
Beneficiaries can always refuse their inheritance.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
