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reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/3/2009 1:20:18 PM (3246 views)
Re: reporting non-paying title companies to the underwriters - Robert Franco/OH
2/3/2009 2:25:20 PM (3952 views)
Re: reporting non-paying title companies to the underwriters - Michelle/IL
2/4/2009 1:18:59 PM (3519 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/5/2009 10:00:22 PM (3697 views)
Re: reporting non-paying title companies to the underwriters - Michael Lanin/KY
2/6/2009 12:52:40 PM (3596 views)
Re: reporting non-paying title companies to the underwriters - J Nisonger/CA
2/7/2009 3:56:45 PM (3487 views)
Re: reporting non-paying title companies to the underwriters - Clanci Nelson/OH
2/12/2009 2:18:17 PM (3423 views)
Re: reporting non-paying title companies to the underwriters - STEVE MEINECKE/TN
2/17/2009 9:17:45 AM (3412 views)

Title Assurance & Indemnity Corp. of NA Cleveland, OH - MIchael Lanin/KY
2/3/2009 1:01:36 PM (2480 views)

The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/1/2009 8:20:52 AM (3646 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 (3963 views)
Re: The Law Firm of Crystal Lowery - Wendi See/SC
2/2/2009 8:34:15 PM (3776 views)
Re: The Law Firm of Crystal Lowery - Edward Huguenin/SC
2/3/2009 7:10:57 AM (3702 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 (3981 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 (3944 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 (4029 views)
Re: Maybe a shifting executory interest... - Kevin Ahern/CT
1/30/2009 10:01:35 AM (3750 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 (3632 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 (3711 views)




Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 10:53:59 PM (4854 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/29/2009 11:22:02 PM (3995 views)
Re: Preview of Coming Attractions? - Scott Perry/PA
1/29/2009 11:58:37 PM (3762 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 8:07:42 AM (4002 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:15:04 AM (4010 views)
Re: Preview of Coming Attractions? - AbstractorWatchdog com/NY
1/30/2009 8:16:02 AM (3939 views)
Re: Preview of Coming Attractions? - Alix Ott/MI
2/2/2009 2:10:27 PM (3718 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
1/30/2009 8:46:02 AM (3896 views)
Re: Preview of Coming Attractions? - Jessica Talley/NJ
1/30/2009 12:55:40 PM (3687 views)
Re: Preview of Coming Attractions? - michael quinn/NY
2/1/2009 1:09:50 AM (3705 views)
Re: Preview of Coming Attractions? - Kevin Ahern/CT
2/1/2009 6:01:27 AM (3814 views)
Re: Preview of Coming Attractions? - WAYNE QUICK/NC
2/2/2009 6:16:26 PM (3751 views)

The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 2:56:14 PM (3436 views)
Re: The Bankruptcy Club - Kim Cowles/WI
1/29/2009 2:59:08 PM (3938 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
1/29/2009 3:48:35 PM (3767 views)
Re: The Bankruptcy Club - Jessica Talley/NJ
1/29/2009 6:58:44 PM (3749 views)
Re: The Bankruptcy Club - Barbara Kelley/PA
2/2/2009 8:50:30 AM (3667 views)
Re: The Bankruptcy Club - Robert Franco/OH
2/2/2009 9:33:45 AM (3837 views)
Re: The Bankruptcy Club - AbstractorWatchdog com/NY
2/3/2009 10:43:16 PM (3800 views)
Re: The Bankruptcy Club - Anthony Joseph/TX
2/4/2009 8:22:07 AM (3852 views)
Re: The Bankruptcy Club - george Hubka/MI
2/25/2009 6:04:15 AM (3478 views)

MONEY OWED - quinn cioffi/PA
1/28/2009 2:38:15 PM (3462 views)
Re: MONEY OWED - Laurie E/MD
1/28/2009 6:04:33 PM (3662 views)
Re: MONEY OWED - george Hubka/MI
2/24/2009 6:51:47 PM (3435 views)

New Real Estate Numbers Are Out - AbstractorWatchdog com/NY
1/28/2009 2:25:36 PM (4217 views)

Snow Day! - Robert Franco/OH
1/28/2009 12:39:37 PM (3106 views)
Re: Snow Day! - STEVE MEINECKE/TN
1/28/2009 12:45:16 PM (3760 views)
Re: Snow Day! - Nils Nelson/ME
1/28/2009 4:37:10 PM (3781 views)
Re: Snow Day! - Joanie Hahr/VT
1/28/2009 5:05:58 PM (3566 views)
Re: Snow Day! - Glenda Hodge/TN
1/28/2009 11:14:51 PM (3575 views)
Re: Snow Day! - Sheila Sten/PA
1/29/2009 2:39:41 PM (3475 views)
Re: Snow Day! - Clanci Nelson/OH
1/29/2009 3:36:29 PM (3624 views)
Re: Snow Day! - Scott Perry/PA
1/29/2009 10:41:24 PM (3638 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 (3713 views)
Re: Snow Day! - Sheila Sten/PA
1/31/2009 10:30:35 AM (3661 views)
Re: Snow Day! - Kevin Ahern/CT
1/31/2009 12:36:02 PM (3585 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:42:38 PM (3644 views)
Re: Snow Day! - Scott Perry/PA
1/31/2009 3:44:38 PM (3587 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 (3721 views)
Re: NALTEA - AbstractorWatchdog com/NY
1/28/2009 9:54:56 PM (3618 views)

Buckeye Land Abstract - Sybil East/GA
1/27/2009 12:54:18 PM (3272 views)

Another NON-Payer - Kurt deVries/FL
1/27/2009 12:19:30 PM (2911 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 (3904 views)
Re: Title Insurance - AbstractorWatchdog com/NY
1/27/2009 11:49:53 AM (3654 views)
Re: Title Insurance - Pete Kisan/OH
2/4/2009 8:45:38 AM (3863 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 (3800 views)
Re: Infotrack Information Services - Greg Paszkiewicz/NJ
2/23/2009 12:49:29 PM (3833 views)
Re: Infotrack Information Services - Frank NAVARRO/IL
4/8/2009 12:46:12 PM (3680 views)


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