In one recent transaction, everyone involved believed the property had long since been transferred out of an estate. The heirs, agents, and buyers all assumed the probate process had been completed years earlier.
Our title examination told a different story.
Although the estate had been administered, the property itself had never actually been deeded out of the estate. Legally, ownership was still vested in both the estate and an individual owner. To make matters even more complicated, the executor who originally handled the estate had since passed away, eliminating the most obvious path to correcting the problem.
At first glance, it looked like the transaction would require reopening the estate—a costly and time-consuming process that could easily have caused the buyer or seller to walk away.
Instead of accepting that outcome, our team immediately began exploring every legal option available.
Working closely with our title insurance underwriter, we carefully reviewed the facts, researched potential solutions, and negotiated an alternative approach that would still protect everyone involved. After extensive collaboration, the underwriter agreed to insure the transaction based upon a properly executed Affidavit rather than requiring the estate to be reopened.
The result was a practical, legally sound solution that preserved the transaction, protected the buyer, and saved everyone from months of additional probate proceedings.
This is exactly what sets Shafritz & Dean apart.
We don’t simply identify title problems—we work relentlessly to solve them. Through experience, creativity, and strong relationships with our underwriting partners, we’re able to overcome challenges that might otherwise stop a closing in its tracks.
Because at the end of the day, our goal isn’t just to close files.
Our goal is to ensure Everyone Walks Away Happy.