- 17 - At the time of decedent’s death, it appears that neither decedent nor her heirs had any enforceable right to payments from Chubb. Chubb had no outstanding debt or obligation to decedent or her heirs. Additionally, because the construction contract ran between decedent and Krueger and was not with her executors or heirs, at the time of death there was no assurance Krueger would complete the project.7 The parties’ actions in connection with the rebuilding of the residence reveal an informal arrangement between Chubb, the coexecutors, and Krueger under which, Krueger completed construction on the expectation of payment from the insurance reimbursement. Chubb, however, would not reimburse decedent or the coexecutors unless or until the restoration had been completed. Chubb’s postdeath payments were not made until additional work was accounted for and verified. Under these circumstances, Chubb’s obligation to pay for improvements after decedent’s death was subject to a condition precedent. Because of the lack of contractual rights by the estate and/or the heirs to payment from Chubb or performance by Krueger, the practical reality was, that after decedent’s death, there 7 We also note that more was being expended to complete the residence than could be recovered from a sale of the completed residence. Under those circumstances, it would have been to Krueger’s financial detriment to incur the cost of labor and materials without assurances and commitments from the heirs, executors and/or the insurance company.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011