Help W/ Title Issue!

[Mark Matos]

Hey everyone. I recently got this great deal under contract and althought everything was seemingly great, the title company is having a hard time insuring the title.

Here is how it goes: the deed says that the seller and his mother own the house w/ rights of survivorship. The seller's mom passed away years ago and it was my understanding that "right of survivorship" would automatically grant full ownership of the house to the surviving owner (the seller). But the title company is saying that they need the other heirs (seller's siblings who are not mentioned in the deed) to sign off on it too which will be a big problem due to family drama. This is the second title company that is saying the same thing. This property is in Nashville TN. 

I have until the end of May to close this deal. Does anyone have a solution that does NOT involve the other siblings??

Thanks

[Matthew Anderson]

Have you gotten specific reasons for this?

In a JTWROS the deceased owner’s share automatically vests by operation of law in the surviving joint owner – regardless of what the deceased owner’s will or other estate planning documents say.

However, you may need to clear up the inheritance tax or there may be other issues that require you to undergo other legal proceedings in order to place the property in the survivor's name.

Also, you may have issues with regard to the deed. The language needs to be precise.

Alternatively, this may just be a way for them to cover their own tails - lawyers tend to be very conservative about these kinds of things.

Feel free to pm me.