A title search combs through the public documents that relate to a property. Many legal documents can affect your title and cause problems later on, including wills. Here are a few ways a will could lead to headaches for you later on:
Misinterpretation: If the person who first read the will misinterpreted and executed it incorrectly, someone with an interest in the property could make a claim on your title based on a new interpretation of the will.
Newer will: The will has been read and executed, but after that was done, a newer will surfaces. Those named in the new will could make a claim against your title.
Will found: When someone dies without a will, the rules of intestacy apply. These are state laws that determine how any remaining property will be distributed after all of the deceased’s debts and funeral expenses are paid. If a will surfaces after this is done, the heirs named in the will could make a claim against your title.
Missing heirs: Heirs who could not be found when the will was originally executed may surface, and they could make a claim against your title based on the will.
Title insurance can protect you and your investment against claims like these made against your home title.
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