So... on Feb 3rd, my life took a turn. My phone rang, I looked at the caller ID and saw that it was my mom's next-door neighbor. I knew right away that it was bad news. Since moving to Vancouver (2010), Luis (Mom's next-door neighbor) never called me, only texted me occasionally to tell me random things about Mom and my sister. My sister who's in her mid-50s, never married and had become a full-time caretaker for our mom in the last few years. But on that day, when I answered the phone, my heart dropped when I received the news that Mom and sister's house was on fire. Luis told me that my sister was taken to a hospital with burns and smoke inhalation. When I asked him about Mom, all he could do was apologize repeatedly. I was devastated. I got on a plane and was in SoCal within hours and went straight to the hospital from LAX.

Long story short, my sister was finally discharged from the hospital today, her burns turned out to be something like a very bad sunburn and she will heal... Her windpipe took the longest to heal from the heat/smoke inhalation. However, she's going to need a lot of counseling.

On top of grieving about losing Mom, I have to take care of my sister because we literally have no family in SoCal... My sister lost everything, her IDs, her passport, her debit/credit cards, all her clothes, and her smartphone (thus making 2-factor authentication logins very hard or impossible). It doesn't help that she seems to be getting her passwords mixed up.

The house is deemed a total loss. To rebuild will take 1.5-2 years. The insurance will cover and will even put her up in a rental house until it's completed.
However, my sister doesn't want to rebuild, or even go near the area because it's too painful (and she also feels guilty, as if she could've saved Mom). She wants to take the insurance money and literally get out of California. I know a lot of people would say the wise thing to do is to rebuild, and then sell the house... but again, it's a long process that would involve going to the location, which my sister doesn't want to do.
This whole thing is just unreal, I can't believe Mom's gone. She and my sister just came up to Vancouver for a visit in September I now, have sooooo much on my plate dealing with all this, I don't even know when I'll be able to return to Vancouver. I already miss my wife soooo much Mom's body was finally ID'd (also today), so needless to say, funeral arrangements are on the long list.

This is the advice I need:
Should we seek a reputable attorney? Or a public adjuster to make sure we get as much as we can? Is it like car accidents where insurance may not pay out as much as you could get? I don't want to sound greedy, but I don't want my sister to get screwed over either.
A friend of mine thinks that if we opt to NOT rebuild, the insurance company will just pay us the value of the land, and that's it. I'm hoping that's not the case.
Somehow, my phone number got passed around by the people who boarded up the house. Talk about ambulance chasers well... they are more like "firetruck chasers"... I'm getting calls from random attorneys, and contractors . But while they are aggressive, maybe these attorneys are good at what they do, I dunno...

Sorry for the long post... I'm just so overwhelmed, I could use any advice or leadway I can get.

thanks in advance

 

Holy shit, I am so sorry man. That sounds absolutely awful, cannot imagine what you're going through...

Find a reputable attorney for sure. At the very least find someone knowledgeable in this space, I for sure am not and can't provide any help here but dealing with something like this should be done with people who know what's going on. That said, your insurance company should pay out the loss to make you whole, which is the entire house and the contents. They likely will not pay out for the land it sits on because you technically didn't lose it so if you don't rebuild, keep that in mind. Again, I don't have any experience in this so don't take that comment as anything other than a reasonable guess. Talk to someone who knows what's going on. You may not need to file a lawsuit or anything but being able to navigate all the legal processes is going to be a big deal.

Definitely do not go with the ambulance/firetruck chasers for either legal or construction help.

Getting someone on your side to help you with all this will definitely take some of the load off your shoulders.

 

Oh man, so sorry for loss of your mother and everything you're having to deal with now. I can't imagine how overwhelming this all is.

While I can't speak to whether or not it's more beneficial to rebuild or not, I would recommend that you get a copy of the homeowners policy and read through it. If it's too confusing, it might be best to pay for a few hours of attorney time to read it and summarize it for you. Side note, I work for a very large firm, so I sometimes feel more inclined to rely on lawyers for an answer than the average guy. You'll want to learn what all the policy covers. Having dealt with the loss of a family member, there were some things we couldn't do until out of probate. Not sure if that would apply to insurance claims where your mother was the only one listed on the policy. Another question where a lawyer might be helpful.

Several years ago, I had tornado damage to my house. While not a total loss, I did have to navigate both home and outside property damage as well as some inside damage. There was negotiating from me regarding item value/replacement cost and also from my building contractor regarding the amount initially assessed by the adjuster. If the policy covers property inside the house, you'll want to try and put that list together quickly before you or your sister forget. There we some things that I missed. Don't clean up anything at the home before the adjuster is out, they need to see all the inside property damage. Find photos taken inside the house to help jog your memory.

The insurance company will send their adjuster regardless of what you do. If you don't like the estimate that you're given, you can talk to a lawyer who may be able to suggest a reputable adjuster for second estimate. Some of my neighbors found their own adjuster with mixed success. Some said numbers that were unrealistic and caused lots of delays in coming to an agreement with the insurer. I was happy to have my contractor navigate the cost disparity with the insurance company.

Good luck, and my sincere condolences.

 

Damn, very very sorry to hear this bro, can't even imagine all the feelings and emotions you are dealing with right now. I echo the others in saying definitely find a reputable attorney, you will need them not only for the estate stuff dealing with your mom, but also to help deal with the insurance company towards a settlement. I don't blame your sister for not wanting to rebuild on the same site, I would say get what you can and move on. Props to you for helping your sister, and so sorry for the loss of your Mom

 

Echoing above, really sorry for your loss.
Hope you're able to get the resolution you need & can get your sister situated in a good place.
Hopefully you don't have to deal with it all from miles/a country away.

 

So very sorry for your loss. One of those three alone is enough to deal with so can't image what you are going through with all three at once.

Everyone is spot on with what has been said and shared. Not much else I can provide but even with all that is going on that you have to take care of, don't even worry if it delays a few of the other things, but travel back home even if for just a day or two and let your wife give you some support. You have a lot to get through and you can't get it all done if you are not also taking a minute for your own mental health in all this. It is a lot to have to deal with as you said.

 

Oh my goodness. I'm so sorry for your loss and all of the torments you are going through Ken.

It occurred to me... isn't AZ member Will Y. a Socal attorney? I don't know if he could handle your situation, but maybe you can contact Will for some legal advice, or guidance in finding the appropriate attorney.

My heart goes out to you man.

 

@Will Y.

 

@Will Y. any advice? Not sure what type of law you practice.

 

You beat me to it

Ken...Im really sorry. I cant even.

 

So sorry to hear this news, just devastating. I'll chime in on the lawyer and side with your sister moving.

 

Oh my gosh, I am so so sorry to read this. I don't have any real advice but have seen your posts on here since the early 2000's and it kills me to read things like this.

Good luck and my thoughts are with you and your family, I'm sure you'll get some solid advice and I'd imagine you'd want an adjuster at the very least, just like people get for water damage and such.

 

thanks for all the responses...

So, we're currently waiting for the estimate(s), should we hold back from letting them know that we're not rebuilding? Or should we let them know the idea is on the table?

and by the way, I found this last night while doing some research

https://uphelp.org/claim-guidance-pu...20they%20would

 

My condolences on your loss, and best wishes for your sister's full recovery.

I'd sit down and prepare a list of priorities for the next 10 days or so.
The house insurance claim can wait a week or two- let the insurer do its evaluation while you're dealing with your family and your sister's living situation (which the insurer will cover for several months, up to the policy limit for living expenses).

When ready, you should review the policy's limits and any riders/endorsements.

You'll want to know what personal property was lost.
Are there records anywhere of the personal property in the house, or of valuables kept in the house? Any recordings or photos that show personal property? Photos and video(from the cloud or stored off site) will help with evaluating the furniture and property which shows up on screen. Did your mom or sister keep a safety deposit box with info on personal property? If so, that will help to identify and provide values for such personal property.
Your sister should make a list of personal property lost as well.
The personal property limit may not cover all of the personal stuff lost to the fire, especially if there were collectibles or valuables in the house (i.e. $50K+ in jewelry,beanie babies, Stanley cups or guns probably won't be covered), unless there is a high limit and/or rider for such property.

The property valuation and appraisals will depend on the specific insurer and individual claims rep/adjuster to an extent- some are better than others.
A public adjuster will be helpful if you're getting a low estimate or valuation.

I represented State Farm, Farmers and Liberty Mutual in bad faith litigation arising from property damage claims in the early-mid 2000s, so I can't give you specific advice if the insurer is one of my former clients.
I can give you a couple of attorney names if you think things are going south; PM me as needed.



I'm a general civil litigator- mix of real estate, business and employment litigation (own clients) and personal injury cases (work for other lawyers/firms).

 

Hi Will, thanks for the advice... Unfortunately, my sister never kept records of things like what she bought, like TVs or couches, etc etc...

So, since Annie's discharged from the hospital (the last two nights), we've been staying at a friend's house. While they keep telling us not to worry about how long we stay, we don't want to overstay our welcome. Allstate said we are approved for a 12-month rental (that they'll pay for), and we get to choose whatever area we want, we keep putting off telling them where because we'd like to see what the estimate will be. What happens if we get into a place (thus starting the 12-month lease) and we tell them that we don't want to rebuild? This leads to my other question, should we tell them NOW, that rebuilding isn't on the table? Or just hint that we're considering it? Do you think it would affect their estimate if they knew?

Also, what do you think of this? I came across it the other night:
https://uphelp.org/claim-guidance-pu...20they%20would

 

So... after chatting with one of my best friends' brother, who's a financial guy... he talked us into rebuilding after all. He said my sister would never have to be on-site during the rebuilding process, then... when it's done... just sell it. We would get a LOT more for it vs taking the money and walk. Meanwhile, she can be housed anywhere in the country... even up in Washington State, perhaps near the border where I can just hop the border and go see her within an hour. Much cheaper than flying down. This way, it'll give her a taste of PNW and see if she really likes it. Because when the time comes, she sells the house, she's going to want to invest elsewhere... and maybe the PNW isn't for her (although I'm hoping she would stay... I rather that she's not too far away).

 

It may be better to get you sister into a rental sooner rather than later-- having her own space will probably help her emotionally.
IDK that the insurer will even be able to give a preliminary estimate of value until any city/county fire investigation is finished-- that could take a month+.
The adjuster will normally have a list of available rentals nearby; if desired, your sister can ask for less space or lodging in a hotel (had a case where a family was put up in a nice 5-star resort in Orange County for over 6 months due to a plumbing leak destroying the bottom floor of their house).

If your sister didn't keep records, she may be asked to give a statement about the house, maintenance/repairs and personal possessions/personal property.
Did your sister, mom or others take videos or photos of events at the house which were sent to you or uploaded onto social media or the cloud? Those videos and photos can catch views of furnishings and personal property which may help establish value.

A preliminary estimate is just that, and is subject to negotiation and adjustment as the insurer receives additional information.
If things don't sound right, that's where the public adjuster can be helpful

My guess is it'll take more than twelve months to rebuild, but rebuilding and selling is probably the easiest thing to do.
Might want to get a good local Realtor to discuss that in more detail, see where the market is in the area, etc.
Where your sister lives is ultimately up to her, where the rest of her friends and relatives are, and if she wants to stay with the familiar or start fresh.

I've got friends around Seattle, but they think the weather is good because they grew up in Colorado.

 

Sorry man, just saw this. Condolences to you and the family.