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What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (3010 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (2999 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (3143 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (2895 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (3085 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 (3176 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (2914 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (2808 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (2855 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (2927 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (2916 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4577 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3209 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (3038 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (3178 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (3174 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (3078 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (2885 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (3029 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (2921 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (2872 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (2965 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (2863 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3188 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3125 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (2981 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (2942 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (2892 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (3057 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (2979 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3108 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (2654 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3240 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (2977 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (2708 views)


Real Title Services


New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (3976 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (2883 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (3052 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3118 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (2845 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (2909 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (2816 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (2881 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (2964 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (3184 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (2989 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (2984 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (2880 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (2926 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (2878 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2711 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (3043 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (2926 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3067 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2722 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (2967 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (3144 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (2962 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3127 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3168 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (3091 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3164 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3017 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (3055 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (3001 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (2934 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (2848 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (2899 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (2860 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (2850 views)

new abstractors - Teri Mages/TX
1/23/2009 10:27:29 PM (3459 views)
Re: new abstractors - Loretta Reed/MD
1/24/2009 11:18:55 AM (3252 views)
Re: new abstractors - Wendi See/SC
1/24/2009 2:49:25 PM (3259 views)
Re: new abstractors - Garret  Fitzgerald/VA
2/2/2009 1:23:15 PM (2966 views)
Re: new abstractors - Kenneth Signor/SC
1/26/2009 6:35:21 AM (3199 views)
Re: new abstractors - William Pattison /CA
1/26/2009 11:51:48 AM (3113 views)
Re: new abstractors - Clanci Nelson/OH
1/26/2009 1:34:35 PM (3011 views)
Re: new abstractors - Alix Ott/MI
2/2/2009 7:02:35 PM (2982 views)
Re: new abstractors - Marian Littleton/VA
3/4/2009 11:39:55 AM (2708 views)

AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/23/2009 2:28:26 PM (3436 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Kurt deVries/FL
1/23/2009 2:38:45 PM (4211 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/23/2009 2:40:32 PM (3160 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Clanci Nelson/OH
1/23/2009 4:12:35 PM (3274 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - george Hubka/MI
1/23/2009 11:14:32 PM (3041 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/25/2009 6:56:53 PM (3131 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Angela Lawrimore/FL
1/26/2009 1:49:02 AM (3299 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - David Keeling/TX
1/25/2009 7:15:09 PM (3366 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - AbstractorWatchdog com/NY
1/25/2009 8:55:56 PM (3216 views)


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