if I buy my mom's house after she passed away and she did not want my brother to have anything becaseu he is a crack head....will title insurance protect me later from litigation if he feels he has a right to the home?...by the way, his 1/3 went directly to his kids
2007-05-12 16:00:49 · 8 answers · asked by slowmxer 2 in Politics & Government ➔ Law & Ethics
No - title insurance is to protect against title defects that were not discovered during the title search phase of your home purchase that may crop up and cause you grief, legal fees, etc. An example of a title defect is a mechanic's lien against the home that was not released or paid off prior to sale and the title being transferred to the new owner - " Your brother suing you for his share of your parents' home is not a title defect. It sounds like your brother's share went to his children, so he will have to sue his children - not you or your mother's estate. Good luck - family issues suck.
2007-05-12 16:10:00 · answer #1 · answered by Anonymous · 1⤊ 0⤋
It depends upon the terms of the title policy, not the will. The title insurance policy is a private agreement between you and the underwriter. It can be enforced in court, but it operates outside of the probate system.
If the title insurance underwriter is stupid enough NOT to list a probate contest or other court challenges as exceptions to its coverage, then the policy will protect you. However, those exceptions are pretty standard when there is a will contest. In fact, it is likely a title company will not issue insurance until after the time for any will contest has expired.
Unless there is a problem with your mother's will in which she wrote your brother out, you should not have a problem. Trust your attorney's advice on this. Also, remember, the time to challenge wills is limited and crack heads lack the assets to fight such things.
BTW, I hope your brother gets help. Honestly.
2007-05-13 21:31:45 · answer #2 · answered by mcmufin 6 · 1⤊ 0⤋
This really depends upon what your mother's will said, if she had one, & how the transaction is being conducted.
If you are actually buying your mother's house, not getting it as a beneficiary from her estate, title insurance will protect you. Title insurance protects you from any defect in title & protects you from any claim against that title, as long as the claim does not fall within an exclusion listed in the policy. If you are actually purchasing from her estate & obtaining a mortgage, you will have to (& will want to) get a new title policy issued. The title company will research the chain of title & as part of that they will review the title of your mother's and her will. If they are satisfied that there is clear title, then they will issue you a new policy & you are protected. However, if they are uncertain of the will (or your mom died without a will), then there will be an exception to the policy & the title insurance will not cover a claim.
If you are getting the house as a beneficiary of your mother's estate, title insurance will do nothing to protect you from a claim that is, in essence, a probate claim against your mother's estate.
2007-05-13 04:14:45 · answer #3 · answered by Charlie L 3 · 1⤊ 0⤋
We are going through something similar in our family right now from an Uncle who passed away last month and wanted everything left to my son-in-law but he did not leave a will. He has no lineal children only step children.
You need to get a probate lawyer to help you out with this whole thing. It is the only way to save you grief later on down the line and will be well worth the cost.
Good Luck to you and I am sorry for your loss.
2007-05-12 23:41:25 · answer #4 · answered by nana4dakids 7 · 1⤊ 0⤋
Title insurance is only an insurance to make sure that there
are no liens unknown taxes or other encumbrances on the
property. It is not to protect you from someone from any
litigation to who has the rights to the house, all it really is
is an insurance that the title passed cleanly from one
owner to the other.
2007-05-12 23:20:03 · answer #5 · answered by justgetitright 7 · 1⤊ 0⤋
Not entirely. Your sibling is going to claim that your parents were forced to sell it to you either due to you threatening them or their own mental incapacity to enter into the sale, etc. If you think this is a problem, go see an attorney NOW. You can stop the problem before it starts.
2007-05-12 23:34:46 · answer #6 · answered by cyanne2ak 7 · 0⤊ 1⤋
Did the will give his share to his kids? If so, yes the title insurance will protect you from him.
2007-05-12 23:04:18 · answer #7 · answered by Wolfpacker 6 · 0⤊ 2⤋
no, I do not think so, you need see a lawyer
2007-05-12 23:06:21 · answer #8 · answered by jean 7 · 1⤊ 1⤋