So, this week's question is a somewhat involved case that I will try to lay out as simply as I can.
Mom & Dad bought a large parcel of land - approx 15 acres around 1980. They held title as husband & wife, joint tenants. As their kids grew up each one purchased a parcel of land within the 15 acres; but interestingly, not for nominal consideration. The parents took back a mortgage at each sale; all of which were subsequently refinanced with local banks. I think that there were maybe 6 lots in the subdivision. While I was running title I noted a deed out to an abuttor which was sold under license from the probate court. Mom was under conservatorship for mental health issues
All of the deeds to the kids went out after the deed to the abuttor - & not under license(s) to sell. I thought that I would probably find a dismissal of the conservatorship- but, since this question is about forgery - I did not find what I expected to find. Mom was under conservatorship right up until the day she passed away - around 2011. Looking at both the probate file & docket - except for the deed to the abuttor there were zero licenses to sell for the 6 lots to the kids. It turns out that the family took turns forging her name to the deeds. No POA filed; & the deeds weren't even forged by Dad, the kids signed Mom's name to the deeds to themselves. There was never an intent to defraud anyone. They wanted to avoid having to pay a lawyer to get a License to Sell for each sale.
So what's the solution? I know what mine would have been but the title insurance company said no go! Opinions anyone??
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