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reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/3/2009 1:20:18 PM (3245 views)
Re: reporting non-paying title companies to the underwriters - Robert Franco/OH
2/3/2009 2:25:20 PM (3951 views)
Re: reporting non-paying title companies to the underwriters - Michelle/IL
2/4/2009 1:18:59 PM (3517 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/5/2009 10:00:22 PM (3694 views)
Re: reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/6/2009 12:52:40 PM (3594 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/7/2009 3:56:45 PM (3484 views)
Re: reporting non-paying title companies to the underwriters - Clanci Nelson/OH
2/12/2009 2:18:17 PM (3420 views)
Re: reporting non-paying title companies to the underwriters - STEVE MEINECKE/TN
2/17/2009 9:17:45 AM (3405 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2479 views)

The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3645 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/1/2009 6:37:04 PM (3720 views)
Re: The Law Firm of Crystal Lowery - Janis Talbot/SC
2/2/2009 9:11:46 AM (3961 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (3775 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (3698 views)

What is considered slow pay? - no name/MI
1/30/2009 12:50:38 PM (3235 views)
Re: What is considered slow pay? - Jessica Talley/NJ
1/30/2009 12:59:33 PM (3766 views)
Re: What is considered slow pay? - Kevin Ahern/CT
1/30/2009 1:33:34 PM (3978 views)

Probate Question - Helene /GA
1/29/2009 11:50:27 PM (3127 views)
Re: Probate Question - Kevin Ahern/CT
1/30/2009 6:52:39 AM (3940 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 (4023 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3748 views)
Re: Maybe a shifting executory interest... - Robert Franco/OH
1/30/2009 10:25:15 AM (3615 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:49:36 AM (3629 views)
Re: Maybe a shifting executory interest... - Helene /GA
1/30/2009 10:38:14 PM (3711 views)
Re: Maybe a shifting executory interest... - Douglas Gallant/OH
1/31/2009 8:27:20 AM (3707 views)




Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4853 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3991 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (3760 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (3996 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (4005 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (3935 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (3717 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (3891 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (3684 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (3704 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (3812 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (3749 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3435 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3936 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (3766 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (3744 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (3661 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (3834 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (3796 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3849 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (3477 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3461 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (3657 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (3434 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4216 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (3105 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (3759 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3776 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (3563 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (3572 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (3474 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (3619 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (3634 views)
Re: Snow Day! - Clanci Nelson/OH
1/30/2009 3:55:14 PM (3892 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:31:02 AM (3712 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (3659 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (3580 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (3643 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (3585 views)

NALTEA - AbstractorWatchdog com/NY
1/28/2009 12:13:09 PM (2959 views)
Re: NALTEA - Dave Pelligrinelli/GA
1/28/2009 1:05:51 PM (3719 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (3616 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3270 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2909 views)

Title Insurance - AbstractorWatchdog com/NY
1/27/2009 10:54:55 AM (3206 views)
Re: Title Insurance - Robert Franco/OH
1/27/2009 11:37:48 AM (3898 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (3650 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3859 views)

Infotrack Information Services - Edward Huguenin/SC
1/27/2009 7:12:47 AM (3356 views)
Re: Infotrack Information Services - Sandra Harold/KS
2/11/2009 11:30:35 AM (3793 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3830 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3678 views)


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