Legal Question in Real Estate Law in Illinois
title insurance & deed
my title insurance states owners by the entirety. deed recorded just has husbands name. which one is correct. I found this out when my husband passed away. dates on insurance and deed are the same.
3 Answers from Attorneys
Re: title insurance & deed
The provisions contained in the deed control. I suspect that whoever prepared the deed made a mistake. I'm betting that you now have to file an estate to probate/correct this situation. If you wish, you can call me to discuss.
Re: title insurance & deed
Hello. the deed is the controlling document, especially since it has been recorded. I suggests that you open an estate for your husband and clear this matter up. Whoever prepared such a deed, made a mistake to leave off your name. I will be happy to discuss this matter with you further and in more detail.
Re: title insurance & deed
The deed is correct, however, you may be able to make a claim against the title insurer because of this error.
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