In re Estate of Stokes, Ill. Havill, Ill. In Clark, Ill. The supreme court turned to section 33 of the Conveyances Act. The court stated:. Clearly, the legislature in passing the various sections of that act requiring recording in the recorder's office of foreign wills and other instruments in writing could not have overlooked the fact that a will devising lands situated in the county in which it is probated as directly affects title to real estate in such county as any other instrument which is required by the Conveyance act to be recorded in the recorder's office.
It would seem, therefore, that the legislature took cognizance of the fact that the probate of a will should constitute constructive notice. The legislature must have recognized that the probate or county court is a court of record and its records are a part of the records of the county.
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One examining the condition of a title, as is well recognized, is required to look further than the recorder's office to know the condition of the title. If there be a judgment against the land owner of record in that county, either as an original judgment or a transcript of a judgment of a foreign court, the purchaser of real estate is required to take notice of the lien of such judgment though it is not filed of record in the recorder's office.
So with special assessments and special taxes. There appears, therefore, to be no reason why the legislature should have required that in addition to recording a will in the probate court it should likewise be recorded in the recorder's office, for to so require would not tend to give additional protection to the purchaser and would impose an unnecessary burden on the land owner. Ballinger's argument is similar to the one rejected by the supreme court in Clark.
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He too would ignore probate records. This despite the well-established principle a will admitted to probate transfers title to real property and the fact the Conveyances Act does not require a will to be recorded. See Stokes, Ill. As the supreme court identified in Clark, this imposes an unnecessary burden on an owner to protect his or her interest.
We decline the invitation to read section 22—45 4 in such a manner that permits tax purchasers to ignore probate records while frustrating long-standing probate and property law. Moreover, under Ballinger's reading, persons who acquired an interest in real property through a will not recorded in the recorder's office would not be able to challenge a tax purchaser's failure to provide him or her with notice. We will not read section 22—45 4 in a way to place at risk interests not recorded in the recorder's office although the interest is identifiable in other public records.
While this requires a tax purchaser to expand his search beyond the recorder's office, it eliminates unnecessary tension between section 22—45 4 and well-established probate and property law. We will not so interpret section 22—45 4 without a clear indication the legislature intended such results. Ballinger has offered no legal citation or convincing argument in support of his contention Nancy's ownership interest should be ignored because she was not expressly named in the will.
See Ill. As respondents point out, the use of a class gift is a common drafting technique to name persons who are uncertain at the time of the will's drafting. See Krog v. Hafka, Ill. As a grandchild, Nancy had a recorded interest. He appears to assert the diligent inquiry requirement is satisfied where notice publication is given to unknown owners. Good, 13 Ill. Sankey, Ill. He does not contest what he did but takes issue with the trial court's conclusion he did not conduct a diligent inquiry.
Our review of Ballinger's argument and the record reveals no dispute as to the material facts. The dispute between the parties is over the legal effect of the settled facts. Some cases may only require a quick investigation while others may require more effort and shoe leather.
A tax purchaser need not conduct an open-ended search In re Application of the County Collector, Ill.
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These lines of inquiry include sources such as probate records, public directories, voter registration records, and visiting the property. In our contemporary, technologically connected society, a diligent individual would undoubtedly utilize the Internet—with its enormous reach and nearly instant results—to locate property owners and addresses. We note in the Fourth District alone there are at least 10 counties with searchable online property records. Hess, Ill. Board of Education of City of Chicago, Ill. Here, Ballinger conceded the absence of a factual issue when he filed a cross-motion for summary judgment.
Further, respondents filed four affidavits in support of the summary judgment motion but Ballinger did not file a counteraffidavit. Ballinger admitted all facts contained in respondents' affidavits, including the following: 1 he did not contact William, 2 Clifford had farmed the property for the past 15 years, and 3 no one with an ownership interest received notice of the tax proceedings. Now on appeal, Ballinger does not contest the evidence showing he did not 1 ask tenants, neighbors, local farmers, or anyone else about who owned the land; 2 ask William who owned the property or how to contact them; 3 conduct an Internet search; or 4 try to locate Nancy.
Ballinger does not argue he did otherwise. Contrary to his assertions, Ballinger has conceded every fact relevant to this appeal. The will's failure to identify Nancy does not absolve Ballinger from determining who Gertrude's grandchildren were.
His efforts focused on the daughter-in-law's estate where he was able to identify three grandchildren. The record is clear, however, he did not examine Gertrude's other two sons to determine if those sons had children. Had he traced the family line through Melville he would have discovered Nancy. He investigated one branch of the family tree while ignoring the other two branches of the tree. Ballinger's efforts to serve Clifford and Joan are telling of his minimal approach to locating the property's owners. The notices sent to Joan and Clifford were returned undeliverable. The disclosure statement shall be executed by the seller.
Details of the statement can be found in the Nebraska Revised Statutes , Any grantee or grantee's authorized representative who wishes to record a deed to real property must file the form A land contract or memorandum of contract requires a completed form , which is not subject to the documentary transfer tax until the deed is presented for recording. This form can be obtained from the Nebraska Department of Revenue website, under the heading "Forms. It is due at the time of recording, unless the transfer is specifically exempt. Overview of Nebraska Taxes At 1.
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