Can we insure a house & property owned by a living trust?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Mar 6, 2011

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Insurance Question from Marquez, TX

Asked on 03/06/2011

Can we insure a house & property owned by a living trust? This property is used for weekends and vacations. It has 4 bedrooms and is approx. 1400 sq. ft. It sits on approx 22 acres in Leon County, Texas.

Answer given on March 10, 2011

A homeowner policy can be written if owned by a living trust.  You can do it multiple ways.  Most insurance companies prefer to have the policy in the name of an individual (someone in the trust) and then to add the living trust as an additional insured.  This method is preferred, since the liability portion of the homeowner policy is worldwide and insurance companies, for reasons only known to them, do not want to provide worldwide liability for a trust.  By having the trust as additional insured it only provides liability at the location insured. 

Some attorneys, and/or property owners prefer the living trust be a part of the named insured.  You should speak to your agent or insurance company to see if they will do this.  Again, it really has no effect on the insurance, but more a presumed liability situaton.  Also, if the trust is a named insured, the trust will be included on any claim check for damage to the home or contents.  If an additional insured, then the trust will only be listed on a claim to the home itself.

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