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Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2225 views)

The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3348 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (2711 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (2928 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (2719 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (2652 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (2940 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (2781 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (2938 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (2830 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (2862 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 (2958 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (2692 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (2612 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (2641 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (2729 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (2707 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4500 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3010 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (2856 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (2973 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (2977 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (2890 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (2689 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (2827 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (2737 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (2694 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (2780 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (2689 views)




The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3107 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (2905 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (2776 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (2736 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (2682 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (2851 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (2775 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (2903 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (2456 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3152 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (2750 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (2449 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (3904 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (2821 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (2824 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (2859 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (2623 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (2690 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (2592 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (2644 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (2753 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (2942 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (2761 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (2748 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (2644 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (2725 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (2649 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2651 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (2804 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (2711 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3008 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2674 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (2911 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (2940 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (2752 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (2911 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3114 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (2905 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (2966 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (2820 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (2996 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (2781 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (2680 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (2627 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (2691 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (2651 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (2649 views)


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