My home was significantly damaged due to Hurricane Ida. My parents are deceased but the property is still in the estate’s name. I have continued to pay the mortgage and the property was insured for the building only and not contents or other luxuries most traditional homeowners policies may cover. It is for catastrophic coverage. Policy max is around 90k, it was a small house.

For the storm, a tree fell on the roof broke a portion of the roof, two windows blew in, lost all the shingles on portions of the roof, so there is plenty of moisture damage, floors are starting to buckle where it got wet, insulation got wet, etc. It could be a total loss.

I have already removed the tree and tarped the roof.

The mortgage has about 63k left to pay.

With the looming insurance claims and FEMA claims what would be the best course of action?

Should I file a FEMA as the homeowner or a renter?

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Posted by Cajun Cricket

TN, AL, CO

Member since Mar 2016

197 posts

Posted on 9/5/21 at 9:06 am to Tarps99

Sorry for your loss.

I’m not an estate attorney, but here are my thoughts:

1. The home and mortgage is owned by the Estate until it has gone through probate and passed on per the Will (mortgage paid off, quit claimed, sold, etc).

2. The executor of the Estate is the only one who can make decisions on behalf of the estate and therefore on the home and any debts.

3. If you are the executor of the estate, then you can act on behalf of the estate and file claims for the Estate.

4. You as an individual, or renter, or beneficiary of the estate, cannot.

So, if you are the executor of the Estate, you should file any claims for the Estate. If you are not the executor then you will need to talk to the executor of the Estate.

Just my thoughts. Best of luck.

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