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The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3380 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (2866 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (3115 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (2932 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (2786 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (2982 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (2896 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (3040 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (2870 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (2971 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 (3068 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (2804 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (2712 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (2753 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (2834 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (2819 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4541 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3110 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (2938 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (3072 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (3079 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (2981 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (2784 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (2926 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (2824 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (2776 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (2873 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (2773 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3157 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3022 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (2893 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (2846 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (2793 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (2959 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (2894 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3020 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (2575 views)




MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3200 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (2892 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (2624 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (3941 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (2850 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (2945 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3013 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (2736 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (2807 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (2717 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (2766 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (2866 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (3084 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (2877 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (2882 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (2775 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (2826 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (2776 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2681 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (2941 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (2821 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3036 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2701 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (2940 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (3044 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (2854 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3026 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3140 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (3011 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3085 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (2936 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (3024 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (2894 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (2803 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (2751 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (2805 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (2760 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (2760 views)

new abstractors - Teri Mages/TX
1/23/2009 10:27:29 PM (3435 views)
Re: new abstractors - Loretta Reed/MD
1/24/2009 11:18:55 AM (3163 views)
Re: new abstractors - Wendi See/SC
1/24/2009 2:49:25 PM (3170 views)
Re: new abstractors - Garret  Fitzgerald/VA
2/2/2009 1:23:15 PM (2871 views)
Re: new abstractors - Kenneth Signor/SC
1/26/2009 6:35:21 AM (3117 views)
Re: new abstractors - William Pattison /CA
1/26/2009 11:51:48 AM (3010 views)
Re: new abstractors - Clanci Nelson/OH
1/26/2009 1:34:35 PM (2916 views)
Re: new abstractors - Alix Ott/MI
2/2/2009 7:02:35 PM (2884 views)
Re: new abstractors - Marian Littleton/VA
3/4/2009 11:39:55 AM (2620 views)


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