Sorting out who’s responsible for condo damage can get tricky
A: Without knowing all of the facts, I cannot give you a definitive response. However, since the damage was caused outside of your unit (that is, in the common elements) in most cases this would be covered by the condo association’s master insurance policy.
My position on dealing with such issues is very simple: First, stop the damage. If there is a leak — or in your case, a sewage backup — correct the problem immediately. Notify the insurance carrier that a problem occurred. Then — and only then — determine whether the issue is the association’s responsibility under the master policy or the individual’s responsibility.
I think your association did not take the proper steps; you may need to retain a local real estate attorney to assist you. However, before taking that step, I would immediately contact the condo board president, explain the situation and demand that the board file a claim with the master insurance company.
My only concern: Typically insurance companies require prompt notice of a problem. Often, if the claim is not filed within 30 or 60 days (depending on the terms of the insurance policy) the claim will be denied. Why? Because the insurance company wants to immediately inspect the problem, and if too much time elapses, it will be harder to assess the entire situation.
A: You have described what is known as a “holographic” will, that is, a will written and signed entirely in the handwriting of the testator (the person making the will). Some states allow such wills and others do not.
I suggest you immediately consult a lawyer in your state. You may also find the answer by searching online.
But more important, if your dad is able, he really should get a lawyer to review his estate and give him advice. I know you don’t want his efforts on your behalf to fail because he missed a legal technicality.