A reader writes, 'My insurance says it was an 'Act of God' which caused the tree to fall,...
A few weeks ago, strong winds took down a tree in my yard. Most of the tree fell in my neighbor's yard, damaging the fence separating our yards. My insurance says it was an"Act of God" which caused the tree to fall, and therefore my neighbor is responsible for the cost to clear the tree. My neighbor tells me his insurance company and his attorney both say I am responsible for removing it.
The insurance companies are fully aware of the law, and they know that their obligation to pay centers on the health of the tree before the storm. Both insurance companies probably have a policy of denying all claims which involve falling trees. I have seen this situation before, and what I have found is that a letter from an attorney to your insurance company will be needed to get them to cover the claim, assuming your tree was healthy. Recent pictures, or even a statement from an arborist attesting to the health of the tree, would be useful to your attorney.My wife and I need to make several changes to our wills. However, our estate attorney always wants to draft completely new wills rather than shorter and cheaper codicils.
With wills, your attorney only has to change two documents. With a revocable trust, depending on the change you are making, your attorney will likely need to change the trust and both of your"pourover" wills. To save money, consider hiring a more reasonably priced attorney. The information in this column is intended to provide a general understanding of the law, not legal advice. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to: [email protected].
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