Case Study: Discovered Wills

The personal representative of an estate transferred property to a third-party purchaser, however, the will of the deceased had granted a life estate in the property to certain related beneficiaries and a church. The original transfer had not discovered the will, therefore omitted the life estate interests and the church interest. Further investigation from the title company and the title insurer discovered those interests were voided and each was paid from the proceeds of the sale. This allowed the new underwriter to insure a future transaction allowing the property to close.  Had the interests not been satisfied, the title underwriter would have had to step in and file a quiet title action to deal with the missing interest granted in the Will.