----- Message from "DJ Smith" <djsmith@dybb.com> on Thu, 31 Aug 2006 10:13:55 -0600 -----

To:	<realestate@iabar.org>
Subject:	X-IMail-SPAM-SPF-Softfail Re:l I received a title objection to the sale of the home by asurviving spouse.

(NOTE: selecting Reply in your email program defaults to the entire list)

Phil:

I disagree with the examining attorney and would not require that the wife's
estate be opened.

I am relying upon Marshall 3.1(A-2) which states that using the word
"survivor" converts the tenancy in common to a joint tenancy vesting full
title in the surviving spouse.

My only concern is the altered deed and whether there is any question that
the spouses consented to its re-recording with the additional language.  I
think an affidavit from the deed preparer is necessary to convince the
examining attorney that the parties intended to create a joint tenancy with
full rights of survivorship.

Good luck!

DJ Smith
KING, SMITH & BORESI
Cedar Rapids

----- Original Message -----
From: "PHILIP McCORMICK" <mccormick@whitfieldlaw.com>
To: <realestate@iabar.org>
Sent: Thursday, August 31, 2006 10:56 AM
Subject: X-IMail-SPAM-SPF-Softfail I received a title objection to the sale
of the home by asurviving spouse.

(NOTE: selecting Reply in your email program defaults to the entire list)

I received a title objection to the sale of the home by a surviving spouse.

H and W purchased their home and received a deed in 1970. They took title as
follows: "John and Jane, husband and wife".

In 1983, the same deed was re-recorded with the additional underlined
language added: "John and Jane, husband and wife, or survivor".

W died on April 12, 2005.  No estate has been opened for W.    H is now
selling the home.

The examining attorney requires that an estate now be opened to transfer the
undivided interest of W.   He cites to Marshall's paragraph 4.2(C) for his
position that the second recording did not create a joint tenancy.

Any thoughts as to the above would be appreciated.

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