QUESTION

If the will states the person occupying the home is responsible for insurance is probate necessary?

Asked on Dec 21st, 2020 on Wills and Probate - New York
More details to this question:
I was given lifetime use of my fiancé’s home after he passed if I choose to leave the proceeds will be split between me and his 2 daughters. The will states I am responsible for homeowners insurance on the home. His daughter is adamant that this needs to go through probate court or it would be insurance fraud. She says 2 lawyers told her that. I feel the will is very specific I’m responsible and probate is not necessary for this specifically. Who is correct
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1 ANSWER

Wills Attorney serving Austin, TX
2 Awards
A Will has no legal effect until a Court admits it to probate.  Thus, whatever you may feel, legally your lifetime use of the home does not exist without probate of the Will.
Answered on Dec 22nd, 2020 at 5:07 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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