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Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2557 views)

The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3705 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (3959 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (4223 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (4021 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (3945 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (3305 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (4012 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (4276 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (3176 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (4176 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 (4272 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3987 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (3828 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (3891 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (3948 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (3971 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4934 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (4264 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (4013 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (4239 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (4334 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (4156 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (3948 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (4141 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (5817 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (3970 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (4029 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (3992 views)




The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3534 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (4191 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (3971 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (3961 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (3902 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (4063 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (4008 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (4071 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (3724 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3557 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (3853 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (3644 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4353 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (3154 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (4014 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (4023 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (3789 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (3844 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (3716 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (3870 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (3905 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (4118 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (3955 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (3881 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (3820 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (3882 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (3822 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (3010 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (3904 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (3840 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3355 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2994 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (3270 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (4136 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (3896 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (4059 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3406 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (4017 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (4048 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3904 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (3405 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (3990 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (3920 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (3817 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (4053 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (3818 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (3794 views)


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