Ask Nick – March 2019

ASK NICK

This installment of “Ask Nick” with Fortune Title Agency President Nicolas Timpanaro deals with a question Nick recently received about how to handle the title search of a property if a previous owner has died without a will.

Question: A prior owner who was vested in the title to our property solely as “a single woman” passed away without a will. Her estate was administered and probated by her son, who listed himself and the woman’s deceased husband as the only heirs.

The husband renounced his right of administration of her estate and filed a “Complete Disclaimer,” wherein he voluntarily disclaimed and renounced all interest and inheritance that he would otherwise be entitled to under laws of intestate succession from the estate of his deceased wife. My question is can I omit judgments against his name, or do we have to file a title claim for any judgment prior to the administration date of her estate?

Nick’s Answer: Because the husband was never in the title and renounced any and all claims to his wife’s estate, the judgments against him cannot attach to the property that he did not and does not own. You can omit.

We hope this Ask Nick is helpful to your work. If you have a question you’d like to Ask Nick, please email nickt@fortunereo.com.

Under no circumstances is Fortune Title Agency, Inc. or any of its employees giving any legal advice. The Ask Nick Q’s and A’s are based on situations that the company has experienced and is sharing with the public for informational purposes only. Always contact your attorney for any legal advice.

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