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The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3342 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (2697 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (2915 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (2703 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (2634 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (2939 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (2771 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (2931 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (2827 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (2848 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

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Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 9:28:41 AM (2948 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (2686 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (2606 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (2627 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (2723 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (2696 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4497 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3002 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (2846 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (2962 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (2966 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (2881 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (2684 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (2819 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (2730 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (2686 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (2775 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (2680 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3104 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (2898 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (2766 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (2727 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (2679 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (2839 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (2768 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (2892 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (2444 views)




MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3150 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (2725 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (2430 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (3903 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (2818 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (2813 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (2849 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (2616 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (2678 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (2580 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (2634 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (2747 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (2938 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (2754 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (2740 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (2633 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (2719 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (2640 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2648 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (2795 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (2699 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3007 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2672 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (2909 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (2931 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (2743 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (2902 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3112 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (2895 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (2956 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (2815 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (2994 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (2769 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (2669 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (2617 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (2678 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (2642 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (2639 views)

new abstractors - Teri Mages/TX
1/23/2009 10:27:29 PM (3398 views)
Re: new abstractors - Loretta Reed/MD
1/24/2009 11:18:55 AM (3042 views)
Re: new abstractors - Wendi See/SC
1/24/2009 2:49:25 PM (3060 views)
Re: new abstractors - Garret  Fitzgerald/VA
2/2/2009 1:23:15 PM (2739 views)
Re: new abstractors - Kenneth Signor/SC
1/26/2009 6:35:21 AM (2987 views)
Re: new abstractors - William Pattison /CA
1/26/2009 11:51:48 AM (2878 views)
Re: new abstractors - Clanci Nelson/OH
1/26/2009 1:34:35 PM (2784 views)
Re: new abstractors - Alix Ott/MI
2/2/2009 7:02:35 PM (2752 views)
Re: new abstractors - Marian Littleton/VA
3/4/2009 11:39:55 AM (2483 views)


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