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reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/3/2009 1:20:18 PM (3073 views)
Re: reporting non-paying title companies to the underwriters - Robert Franco/OH
2/3/2009 2:25:20 PM (3388 views)
Re: reporting non-paying title companies to the underwriters - Michelle/IL
2/4/2009 1:18:59 PM (3049 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/5/2009 10:00:22 PM (3152 views)
Re: reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/6/2009 12:52:40 PM (3045 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/7/2009 3:56:45 PM (2970 views)
Re: reporting non-paying title companies to the underwriters - Clanci Nelson/OH
2/12/2009 2:18:17 PM (2840 views)
Re: reporting non-paying title companies to the underwriters - STEVE MEINECKE/TN
2/17/2009 9:17:45 AM (2920 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2360 views)

The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3511 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (3182 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (3413 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (3273 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (3140 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (3099 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (3242 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (3418 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (2997 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (3395 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 (3416 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3181 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (3017 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (3095 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (3130 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (3159 views)


Real Title Services


Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4689 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3408 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (3231 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (3425 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (3449 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (3347 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (3133 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (3306 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (3142 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (3095 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (3227 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (3143 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3284 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3344 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (3245 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (3219 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (3113 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (3275 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (3239 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3344 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (2930 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3323 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (3218 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (2981 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4052 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (2989 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (3319 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3337 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (3116 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (3138 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (3022 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (3144 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (3176 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (3416 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (3250 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (3220 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (3130 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (3151 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (3113 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2794 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (3266 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (3148 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3151 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2802 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (3058 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (3402 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (3182 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3380 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3238 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (3321 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3381 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3252 views)


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