Legal Question in Real Estate Law in Pennsylvania

liability

I am executor of estate that owns apartment. Insurance co. of apartment below claims waterbed leak damage, sends letter with subrogation demand to me personally. Waterbed did not leak, I do not own apartment, there is no insurance to subrogate. There is no detail of damage or how cost was arrived at. My impulse is to ignore them. Can I possibly be liable. Apt. is in Phila., PA.


Asked on 3/04/00, 11:39 am

1 Answer from Attorneys

Miriam Jacobson Retired from practice of law

Re: Executor's liability for damage by deceased's estate

From your description of the problem, it sounds as if the apartment is either in a condominium or a cooperative association. There are declarations and other governing rules, that may set out who has responsibility for damage to another apartment. You should not have personal liability for any damage that was caused by the deceased owner, but as the administrator of the estate, you should look into the estate's liability. You should gather copies of whatever documents govern the condo or coop, insurance policies the deceased owner may have had on the apartment, and any information you can get on the claim. The owner of the damaged apartment would have had to submit documents supporting the claim, such as estimates or paid repair bills.

Take all of this information to an estate or probate attorney who can assist you in your administration duties.

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Answered on 3/20/00, 4:49 pm


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