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Probate Question - Helene /GA
1/29/2009 11:50:27 PM (3088 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (3744 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 (3811 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3532 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (3385 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (3428 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (3503 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (3522 views)

Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4815 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3794 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (3580 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (3805 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (3828 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (3719 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (3531 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (3701 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (3487 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (3489 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (3620 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (3549 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3405 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3726 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (3617 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (3589 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (3475 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (3658 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (3624 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3703 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (3301 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3418 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (3525 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (3278 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4154 views)




Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (3077 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (3609 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3623 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (3425 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (3431 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (3311 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (3470 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (3481 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (3750 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (3568 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (3505 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (3424 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (3492 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (3432 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2875 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (3583 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (3466 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3241 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2868 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (3162 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (3732 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (3506 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3721 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3328 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (3645 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3678 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3535 views)

gdocs / Boondocs BK info - george Hubka/MI
1/23/2009 10:49:37 PM (3222 views)
Re: gdocs / Boondocs BK info - Steve /NY
2/3/2009 10:29:32 AM (3592 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:07:18 AM (3489 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 11:16:12 AM (3366 views)
Re: gdocs / Boondocs BK info - Kevin Ahern/CT
2/3/2009 11:44:57 AM (3518 views)
Re: gdocs / Boondocs BK info - Patrick/NY
2/3/2009 12:10:34 PM (3427 views)
Re: gdocs / Boondocs BK info - Marian Littleton/VA
3/4/2009 11:35:26 AM (3388 views)

new abstractors - Teri Mages/TX
1/23/2009 10:27:29 PM (3613 views)
Re: new abstractors - Loretta Reed/MD
1/24/2009 11:18:55 AM (3800 views)
Re: new abstractors - Wendi See/SC
1/24/2009 2:49:25 PM (3843 views)
Re: new abstractors - Garret  Fitzgerald/VA
2/2/2009 1:23:15 PM (3466 views)
Re: new abstractors - Kenneth Signor/SC
1/26/2009 6:35:21 AM (3737 views)
Re: new abstractors - William Pattison /CA
1/26/2009 11:51:48 AM (3640 views)
Re: new abstractors - Clanci Nelson/OH
1/26/2009 1:34:35 PM (3528 views)
Re: new abstractors - Alix Ott/MI
2/2/2009 7:02:35 PM (3538 views)
Re: new abstractors - Marian Littleton/VA
3/4/2009 11:39:55 AM (3172 views)

AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/23/2009 2:28:26 PM (3590 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Kurt deVries/FL
1/23/2009 2:38:45 PM (4765 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/23/2009 2:40:32 PM (3700 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Clanci Nelson/OH
1/23/2009 4:12:35 PM (3847 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - george Hubka/MI
1/23/2009 11:14:32 PM (3594 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Alix Ott/MI
1/25/2009 6:56:53 PM (3646 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - Angela Lawrimore/FL
1/26/2009 1:49:02 AM (3858 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - David Keeling/TX
1/25/2009 7:15:09 PM (3886 views)
Re: AMERISTAR -- still deadbeats & still sending us orders - AbstractorWatchdog com/NY
1/25/2009 8:55:56 PM (3731 views)

Mobile broadband - J Nisonger/CA
1/22/2009 7:55:34 PM (3139 views)
Re: Mobile broadband - Dan Zook/NY
1/23/2009 11:37:21 AM (3278 views)
Re: Mobile broadband - Scott Perry/PA
1/23/2009 11:54:37 AM (3467 views)
Re: Mobile broadband - J Nisonger/CA
1/23/2009 9:57:36 PM (3315 views)
Re: Mobile broadband - William Pattison /CA
1/26/2009 12:08:13 PM (4075 views)


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