When Punctuation Costs 18 Months and Three States of Legal Fees
This situation began in early 2020, at the start of COVID, when everything was already complicated.
The son passed away and left a will that stated:
"I leave all my worldly goods to my mother. If …"
Two weeks after her son died, the mother also passed away.
The probate court reviewed the will and ruled that the son left everything to his mother because she survived him. The estate was probated accordingly.
From the court’s standpoint, the matter was settled.
However, the will continued with language that referenced:
"… and then to my sister and then to my child and nephews."
That wording became the issue.
The Closing Attorney’s Interpretation
When the property later went under contract, the closing attorney reviewed the same will and interpreted it differently.
His position was that the will did not convey the property outright to the mother. Instead, he believed it created a sequence of transfers. First to the mother, then to the sister, and ultimately to the final heirs.
Because of that interpretation, the title company refused to insure the property unless all potential heirs signed off.
Even though the probate court had already ruled.
What Followed
Two probate matters had to be reopened and redone.
Four children were required to sign off on the property.
Attorney fees were incurred in three states.
The process took eighteen months to resolve before the property could legally close.
This all unfolded during the uncertainty and shutdowns of early COVID, which made an already complex situation even more difficult.
All because of punctuation and interpretation.
The Real Lesson
Just because a will has been probated does not mean title insurance will be issued without question.
If a closing attorney is uncomfortable with the language, the transaction can stop immediately.
The placement of a period. The structure of a sentence. The way a conditional phrase is written. These details matter.
As real estate professionals, we should:
• Encourage clients to have wills drafted with clear, direct language
• Review probate documents early in the listing process
• Consult the closing attorney before marketing estate property
• Understand that title insurance underwriting may require more than a probate order
This experience cost the family time, money, and emotional strain.
Clear drafting prevents costly delays.
Have you ever encountered a probate file that looked clean, only to discover the title company would not insure it?
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