Do I need to become executor of my mother's estate to sue an insurance company? 1 Answers as of November 06, 2015

My mom died 8/2015. In 3/2014, there was a fire in her home. I am a J/T on property since 2007. With POA, I dealt with ins co. I was added to her policy shortly before she died. Do I need to become executor to pursue litigation?

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Maybe. However, maybe not, because, you could take the property fully into your name, by having an attorney prepare and record an affidavit terminating the joint tenancy first. But the insurance company may require you to open an estate to receive the insurance benefits. Do yourself a favor and obtain probate counsel to advise you.
Answer Applies to: California
Replied: 11/6/2015
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