Register
Log In
Forget your Password?

Home
Directory
Bulletins
Forums
Blogs
Articles
Links
Classifieds
About Us
Contact Us
Advertise
FAQ
Privacy Policy


Discussion
<< get older messagesget newer messages >>
to post a message: login - or - register | search messages | show all replies



[+] nXt Generation Title Services, LLC - Dan Zook/NY (11 replies)
2/5/2009 8:59:26 AM (3627 views)

[+] mortgage fraud - Sheila Sten/PA (4 replies)
2/4/2009 3:48:02 PM (3363 views)

[+] Off the beaten path - AbstractorWatchdog com/NY (34 replies)
2/3/2009 10:36:52 PM (3279 views)

[+] reporting non-paying title companies to the underwriters - Michael Lanin/KY (7 replies)
2/3/2009 1:20:18 PM (3138 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2403 views)


Real Title Services


[+] The Law Firm of Crystal Lowery - Edward Huguenin/SC (4 replies)
2/1/2009 8:20:52 AM (3556 views)

[+] What is considered slow pay? - no name/MI (2 replies)
1/30/2009 12:50:38 PM (3150 views)

[-] Probate Question - Helene /GA (7 replies)
1/29/2009 11:50:27 PM (3039 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (3566 views)

Your question is State specific, and you would need to consult the probate laws of the State in which the will was filed. The following may not apply in all states.

The gift to M and then over to J might be termed a springing executory interest in some states. This would consist of the gift to M, but she would be stripped of title if the testator had placed a condition on the conveyance the occurrence of which would vest title in J. However, that may be open to question if the will were poorly drafted, and failed to clearly state the wishes of the testator. Normally the testator would set up either a testamentary trust or an inter vivos trust with M acting as trustee for J until he reached age of 25.

I ran into a similar situation during a title search several years ago in Connecticut. There was some question about the validity of the deed. I consulted the local probate judge who indicated that in his opinion the title to the property was conveyed by the will rather than the deed. If the deed were insufficient it was a matter of recording a corrective deed. However, that may be difficult if many years had passed, and may require signatures of heirs to the property if the original grantor had died. His opinion was based on his interpretation of Connecticut law. 

I did a title search on a condominium several years ago. A mistake had been made in the legal description 10 or 15 years earlier. Since that time the property had been sold several times with the wrong unit number listed in the legal description. It was necessary to go back to the grantor of the first erroneous deed, and have her execute and record a corrective deed to the current buyer. Fortunately she was still alive and residing in Connecticut.

I think some inquiry should be made as to the significance of the affidavit of possession. Did M possibly acquire a title interest through adverse possession?

I recall in law school one of my real estate professors talking about Chicago's oldest known easement. It dated back to the time Chicago was a frontier town. One of the local farmers used to walk his cattle down to water them in the river that now runs through down town Chicago. He developed an easement on the property which apparently exists to the present. No one ever bothered to get a deed or release of the easement. It was my professor's opinion that it would require the signatures of all the living heirs of the farmer.

If there was some perceived invalidity with the will, the probate court probably would not have accepted it, and the estate would have been probated as an intestate succession. It would probably also have been subject to challenge by putative heirs. In which case the court would have ruled on the issue.

Since M was the residuary legatee, if the gift to J failed for some reason in Connecticut  the property would fall into the residue of the estate , and pass to M under the residuary clause of the will.

The best you can do in this situation is to report your findings in your abstract, and leave the determination of title to your client and the title insurer

to post a reply: login - or - register


Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 9:28:41 AM (3607 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3349 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (3217 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (3266 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (3328 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (3348 views)

[+] Preview of Coming Attractions? - Scott Perry/PA (11 replies)
1/29/2009 10:53:59 PM (4755 views)

[+] The Bankruptcy Club - AbstractorWatchdog com/NY (8 replies)
1/29/2009 2:56:14 PM (3346 views)

[+] MONEY OWED - quinn cioffi/PA (2 replies)
1/28/2009 2:38:15 PM (3371 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4104 views)

[+] Snow Day! - Robert Franco/OH (13 replies)
1/28/2009 12:39:37 PM (3036 views)

[+] NALTEA - AbstractorWatchdog com/NY (2 replies)
1/28/2009 12:13:09 PM (2834 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3184 views)


<< get older messagesget newer messages >>

DISCLAIMER: These Message Forums are un-moderated and Source of Title does not endorse the content of any of the posts. Source of Title discourages libelous comments and you, as the sole creator of the content, take full responsibility for your remarks.
Directory

The Source of Title Business directory has 8961 listed companies.

Leave feedback on a company:
SOT ID #:  learn more...
DRN Title Search
Blogs

Read other users' blogs-- or start your own!

Most Recent Blog Posts:

Shared Driveway Agreements
Marissa Berends's Blog
2025/12/10
0 comments

Explain It Like I’m 5: FIRPTA Edition
Marissa Berends's Blog
2025/12/03
0 comments

Home buyers are more active this fall.....
Michael Stelzer's Blog
2025/11/27
0 comments

Articles

Source of Title articles help to keep you informed on the state of the title industry.

December Jobs Report Commentary from MBA's Mike Fratantoni
“The pace of employment growth slowed in December to 50,000, in line with the average pace of 49,000 for all of 20...
MISMO Publishes SMART Doc V3 Power of Attorney Specification
“The new SMART Doc V3 Power of Attorney Specification extends the benefits of verifiable, tamper-evident data to a...
Mortgage Applications Decreased Over a Two-Week Period in Latest MBA Weekly Survey
“Mortgage rates started the New Year with a decline to 6.25 percent, the lowest level since September 2024. Refina...
MBA Launches Mortgage Banking Bound at Louisiana State University
“Offering Mortgage Banking Bound at LSU represents another significant milestone for the program and will further ...
Kriss Law/Atlantic Closing & Escrow Finalizes Merger With Pino Law Offices
"This is the latest example of our commitment to sustainably expanding our resources and capabilities throughout norther...

Search Articles:
browse...

Classifieds

Buy, sell, or trade! Browse the ads or post your own!

Looking for Abstractors in SD 12/27
December 27 2025
Hello, I have the following orders in SD in the following counties: Buffalo(3), Charles Mix(1),Codington(1), Dewey(9), Lyman(1) Oglala Lokota(4), Pennington(1), Roberts(4), and Todd(2). This is a total of 26 orders. I am doing consistent business inn...[more info]

email
© 2020, Source of Title.