Inheriting Property? Here’s How to Clear Title After Probate

If you’ve inherited real estate through probate, don’t assume you have a clean title just because the estate is closed. Title issues after probate are surprisingly common — and they can delay or prevent sales, refinances, or transfers. Here’s how heirs in Connecticut and New York can clear title and protect inherited property.

1. Why Probate Doesn’t Always Guarantee Clear Title

Even after a will is probated and an executor deed is recorded, title can still be “clouded” due to:

• Missing or disputed heirs
• Defective or unrecorded deeds
• Outstanding liens, taxes, or mortgages
• Claims from creditors or other third parties

Without resolving these issues, title companies may refuse to insure the property — making it difficult to sell or refinance.

2. Common Probate Title Disputes

Some examples include:

• The deceased owned property jointly with another party, and the estate’s share is unclear
• Heirs disagree over ownership or sale
• A long-lost heir or creditor surfaces with a claim
• The executor deed was improperly executed or recorded

3. How to Clear Title on Inherited Property

Depending on the issue, your attorney may recommend:

• Filing corrected or supplemental documents with the county clerk
• Negotiating lien releases or title insurance endorsements
• in extreme cases, a Quiet Title Action to resolve disputes or defects

Why You Need a Probate & Real Estate Attorney

These title issues fall in the gray area between estate law and real estate law. Our firm regularly works with families and title companies to resolve complicated inheritance-related title issues—fast and legally sound.

Don’t wait until closing day to find out there’s a title defect on inherited property. If you’ve gone through probate and still have questions about your title, Glouzgal Law is here to help.

Call us today to ensure your inherited home is fully yours—and fully transferable – 203-885-0500

The post Real Estate Title Issues From Probate: What Heirs Need to Know appeared first on Glouzgal Law PLLC.

Buying a Home with a Partner or Friend? Here’s What Unmarried Buyers Need to Know

Buying real estate with someone you’re not married to—whether it’s a romantic partner, friend, sibling, or business partner—is increasingly common. But without proper planning, these co-buying arrangements can lead to serious legal and financial disputes. Here’s what every unmarried buyer in Connecticut or New York needs to know before signing on the dotted line.

1. Choose the Right Form of Ownership

Unmarried buyers typically choose between:

• Joint Tenancy with Right of Survivorship (JTWROS): If one owner passes away, the other automatically inherits their share.
• Tenancy in Common (TIC): Each owner holds a defined share, which can be passed to heirs or sold independently.

Choosing the wrong form of ownership could impact inheritance rights, taxation, and control over the property.

2. Draft a Co-Ownership Agreement

A real estate attorney can draft a co-ownership agreement to outline:

• How the purchase price and expenses are split
• Who handles maintenance and taxes
• What happens if one party wants to sell, move out, or passes away
• Dispute resolution terms

Think of it as a “business plan” for your property—critical for avoiding misunderstandings later.

3. Understand the Risks Without Legal Protections

If you’re not legally married, you won’t have the same rights as spouses under property or family law. For example:

• You may not automatically inherit your partner’s share
• If you break up, there’s no divorce process to divide assets fairly
• Credit issues or bankruptcy of one party could affect the whole property

Legal planning now prevents costly litigation later.

4. Hire a Real Estate Lawyer Early

From title issues to contract terms, a real estate attorney ensures you’re protected throughout the purchase process. They’ll also help draft a custom co-ownership agreement tailored to your financial and relationship dynamics.

Buying a home together can be an exciting step—but it also comes with legal risks. At Glouzgal Law, we help unmarried co-buyers in CT and NY protect their investments and their relationships.

Contact us today for a consultation on how to co-own real estate the smart way – 203-885-0500

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One of the benefits that may come out of the entire COVID Pandemic mess is the increase in local real estate prices across New York and Connecticut. Not only are homes worth more and have become easier to sell to those looking to get out of cities and into the suburbs, but there might also be hidden benefit to those home owners who have Private Mortgage Insurance still active on their loans.

What is Private Mortgage Insurance?

When banks lend money, everything is based on risk. A conventional mortgage requires 20% down, and then you don’t need PMI. If you want to buy a home with less than 20% down, such as an FHA loan, you will be required to get Private Mortgage Insurance to insure the extra risk that comes with a lower down payment and less equity.

How do you get rid of PMI?

There are two ways to terminate PMI early.

The first is to refinance to a conventional loan where you have 20% down, but this requires more equity/down payment and will cost you the full array of closing costs, as you are getting an entirely new loan. You will also have to go through the entire mortgage process again….

The other way is to keep your current loan and hit 20% equity. When you closed, the lender should have provided you with a document telling you that your PMI will automatically terminate at 22% equity and that you can call and request termination at 20% equity. There are two ways to hit the 20% equity sooner:

1. Make additional payments (residential loans o longer have pre-payment penalties); or
2. REAPPRAISE YOUR HOME.

This is where the COVID rush jacking up local real estate prices could help.

BORROWERS/HOME OWNERS WHO HAVE PMI CAN HAVE THEIR HOME REAPPRAISED. APPRAISALS ARE BASED ON COMPS (COMPARATIVE PRICES OF SIMILAR HOMES THAT SOLD IN THE AREA WITHIN THE LAST 3 MONTHS). IF YOUR HOME APPRAISES HIGH ENOUGH FOR YOU TO HAVE 20% EQUITY, YOU CAN GET RID OF PMI.

PMI fees on loans we have seen range from $60 a month to over $300 a month. The cost of an appraisal ranges from $400 to $900 depending on the specifics of the home and who your lender hires. An investment of a few hundred dollars for an appraisal could save borrowers a few hundred dollars PER MONTH on their mortgage payment.

To order a reappraisal you simple need to reach out to your lender and tell them it’s what you want to do!

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Can Land Records Documents be Valid if Defective?

The land records of a town or county contain the relevant documents in regards to land ownership in the that location. Whenever buying or selling property, a title search must be performed to make sure the seller is giving the buyer clean title. Sometimes during these searches, attorneys come across documents that are defective, or missing something require by Connecticut law to make that document effective. One of the common areas where we have seen this is when individual attempt to create or manage their on trusts, but it happens in other situations as well.

The good news is, Connecticut General Statute 47-36aa can validate certain defects in recorded documents, as long as those documents were recorded 2 or more years earlier and have not yet been challenged in court.

What Kind of Defective Documents Can Be Validated?

CGS 47-36aa, known as the Validating Act, can cure defects in a multitude of common land records documents. The documents which can be validated if defective include:

• Deeds
• Mortgages
• Powers of Attorney
• Releases
• Notices of Lease
• other documents affecting real estate

What Kind of Document Defects Can Be Cured?

When searching land records, it is not simply enough that the document is there. Documents must be drafted in a specific manner, contain specific information, must be executed via specific procedures and be recorded in a specific manner; all of which is regulated by Connecticut law. While it is impossible to go over every type of defect that can occur in land record documents, here are the types of defects that can be cured by the Validating Act:

• defective or non-existent acknowledgement (the person signing the document did it wrong or forgot to do it)
• lack of a witness or witnesses
• missing, incorrect or conflicting dates
• where a business or trust entity is the grantor, but an individual signs the document in their individual capacity
• where a business or trust entity is the grantor, but an individual signs without disclosing their authority to sign
• a document signed under a power of attorney, but signed without referencing the power
• if a document is signed under a power of attorney which is effective but not recorded until after
• a document transferring property to a recipient who does not have the legal capacity to hold interest in real estate

What Kind of Defects CAN NOT be Cured?

The validating act does not cure any and all defects in documents that have been recorded yet unchallenged for 2 or more years. The following defects are NOT cured by the Validating Act and therefore make their documents invalid:

• errors in or missing property description
• errors in the names of relevant parties
• Incorrect references in deeds, mortgages and releases (to other land record documents)
• documents not signed by the original signature of the grantor
• unrecorded or missing documents
• defects in foreclosure proceedings
• gaps in chain of title

How Do You Stop Defective Documents from Being Validated?

If you want to make sure that a defective land records document is not cured and validated, you must challenge the document by bringing a court action and recording a lis pendens within 2 years of the document being recorded.

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Trees As Encroachment Issues

What Can I Do If My Neighbor’s Tree Is On My Property?

The Tree Problem

A very common type of “encroachment” is when a tree, or any form of vegetation, grows onto or across somebody else’s property. What is an encroachment? An encroachment is like a trespass, but instead of trespassing with one’s body, the trespass is performed with a building, a fence, or for purposes of this article, a tree.

So why is a tree a problem? What can somebody possibly have against plants? Well, plants aren’t always as harmless as they appear. Roots can cause serious damage to foundations, lawns, fences, and drainage systems. Branches can block sunlight, impede construction or break and fall causing damage to whatever is beneath them. Fruit and Berries can fall onto decks and roofs and cause further issues. Finally, there is the ultimate right of a property owner to do what he wishes with his property (within the confines of the law) and not have it affected by the actions or wishes of another.

What Can a Property Owner Do?

So, your neighbor has a giant oak tree growing right against your fence. The branches extend tens of feet over the fence and onto your property. Its roots come up in your lawn, creating tripping hazards all over. In the Fall, it drops acorns and leaves all over your yard. What can you do to stop this nuisance?

Actually, this is one area where Connecticut law allows you to help yourself. You can chop out any roots that are on your property and cut off any branches reaching over your land. Your neighbor may complain but you are still within your legal rights. There are two exceptions, however; (1) You cannot cut down the tree completely or knowingly cause its death and (2) with FRUIT TREES, you cannot cut down the branches or take the fruit. Further, if you cut down somebody else’s tree where you knew it wasn’t your tree, you could be liable to the owner for up to 3 times the “reasonable value” of that tree (Conn. Gen. Stat. §52-560).

What If A Tree Or Branch Falls Onto My House or Car?

It is a possibility that a tree or branch will fall and damage somebody else’s property. This is possible with trees that are already encroaching or trees that are not encroaching while standing, but are once they fall. Sometimes, when these trees and branches fall onto the property of somebody else, they damage the house, a car, a fence or other property. However, the owner of that tree (or the land it was growing on) is not necessarily liable for the damage.

Factors that control an owner’s liability for damage caused by his tree falling on somebody else’s property are (1) whether they are a private owner or a commercial owner, (2) whether the tree was healthy or diseased/damaged, (3) did the tree or branch fall due to an “Act of God” such as a hurricane, or because it was unstable, and (4) are the properties located in a rural or urban area.

Encroachment Resolution

Many tree and vegetation encroachment issues can be resolved by negotiation. If your neighbor isn’t reasonable, you may want to have an attorney write a letter on your behalf explaining your rights and the actions you are going to take. When roots and falling branches or trees cause damage to your property, you may want to seek compensation from the responsible person or persons. If you are having encroachment issues with a neighbor, our real estate attorneys are ready to help.

Reading More on Connecticut laws regarding vegetation and real estate.

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