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Death of wife/relationship of inlaws?

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Bosco645

Junior Member
What is the name of your state (only U.S. law)? VA

My wife passed in January 2009. At the time I was deployed. My sister in law was STAYING at my wife and my house to help out during her illness. In lieu of rent, she helped my wife, April. When April passed, my sister in law, Dana, advised me she would be out of my house by 1/31/09. I returned home on 2/4/09 and found that she had left with all of our possessions, right down to fridge and stove. I submitted a claim to my homeowners insurance. I was advised that since Dana was my sister in law, she was an automatic "named insured" and a resident relative. She was not a permananent resident, just a tentative "tenant". I was to argue that once April passed, since we did not have any children, I would say that my "in laws" are no longer my inlaws. The are now ex inlaws by death of my spouse. All of my possessions were at my home on 1/4/09 when April passed. Upon my return to my home after the death, everything was gone. Your thoughts on this?
 
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Antigone*

Senior Member
What is the name of your state (only U.S. law)? VA

My wife passed in January 2009. At the time I was deployed. My sister in law was STAYING at my wife and my house to help out during her illness. In lieu of rent, she helped my wife, April. When April passed, my sister in law, Dana, advised me she would be out of my house by 1/31/09. I returned home on 2/4/09 and found that she had left with all of our possessions, right down to fridge and stove. I submitted a claim to my homeowners insurance. I was advised that since Dana was my sister in law, she was an automatic "named insured" and a resident relative. She was not a permananent resident, just a tentative "tenant". I was to argue that once April passed, since we did not have any children, I would say that my "in laws" are no longer my inlaws. The are now ex inlaws by death of my spouse. All of my possessions were at my home on 1/4/09 when April passed. Upon my return to my home after the death, everything was gone. Your thoughts on this?
Did you call the police and report the theft?
 

stealth2

Under the Radar Member
What is the name of your state (only U.S. law)? VA

My wife passed in January 2009. At the time I was deployed. My sister in law was STAYING at my wife and my house to help out during her illness. In lieu of rent, she helped my wife, April. When April passed, my sister in law, Dana, advised me she would be out of my house by 1/31/09. I returned home on 2/4/09 and found that she had left with all of our possessions, right down to fridge and stove. I submitted a claim to my homeowners insurance. I was advised that since Dana was my sister in law, she was an automatic "named insured" and a resident relative. She was not a permananent resident, just a tentative "tenant". I was to argue that once April passed, since we did not have any children, I would say that my "in laws" are no longer my inlaws. The are now ex inlaws by death of my spouse. All of my possessions were at my home on 1/4/09 when April passed. Upon my return to my home after the death, everything was gone. Your thoughts on this?
Some things don't make sense to me.

First, though - my condolences on your loss.

Your wife passed sometime in January of 2009. Nearly two years ago. What have you been doing to retrieve your possessions in that time?

Where were you in the month between when your wife passed and when you returned home? That's just... odd, to me, that you were off elsewhere for a month.
 

Zigner

Senior Member, Non-Attorney
Some things don't make sense to me.

First, though - my condolences on your loss.

Your wife passed sometime in January of 2009. Nearly two years ago. What have you been doing to retrieve your possessions in that time?

Where were you in the month between when your wife passed and when you returned home? That's just... odd, to me, that you were off elsewhere for a month.
Stealth - he was deployed.
 

stealth2

Under the Radar Member
Thank you! I have too much else going on at the same time. Ignore that question, OP. Sorry!
 

Bosco645

Junior Member
I was still on orders with the military and not in the house. Yes, I did file a police report. Allstate Insurance is stating that "Dana" was a resident relative. She was not a permanent resident...I believe I have a legimate claim for theft. I actually have printout of where Dana posted on her blog that she and other family and friends were removing items from my house.
 

PQN

Member
Take Dana to small claims court for the value of replacing the items or the return of the items if she still has them.
 

Zigner

Senior Member, Non-Attorney
I was still on orders with the military and not in the house. Yes, I did file a police report. Allstate Insurance is stating that "Dana" was a resident relative. She was not a permanent resident...I believe I have a legimate claim for theft. I actually have printout of where Dana posted on her blog that she and other family and friends were removing items from my house.
I, too, believe she was a resident relative. That doesn't affect your claim for theft against SIL - but it may affect the applicability of coverage from your insurance.
 

Bosco645

Junior Member
Sorry, but what is SIL?
Allstate denied the claim, so it has effected my coverage. She was a "tenant" who, in lieu of paying rent, helped take care of my wife during my absense overseas.
 

Bosco645

Junior Member
yea...should have know that one.
The sad thing is, she does not have a pot to piss in....much less suing her for this. My question is, since April passed on 1/4/09, and since we did not have any children, could it be possible that due to April's death, Dana (SIL) is no longer a SIL, but an ex SIL? At this point, she would not be considered a "relative".
 

Zigner

Senior Member, Non-Attorney
yea...should have know that one.
The sad thing is, she does not have a pot to piss in....much less suing her for this. My question is, since April passed on 1/4/09, and since we did not have any children, could it be possible that due to April's death, Dana (SIL) is no longer a SIL, but an ex SIL? At this point, she would not be considered a "relative".
Nope......she's a relative for these purposes.
 

ecmst12

Senior Member
It's not so much important that she was a relative (though she was the relative of a named insured, your wife), but she was a RESIDENT, being the more important part.
 

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