Meaning of a Certificate of Pending Litigation
What is a Certificate of Pending Litigation?
A Certificate of Pending Litigation can simply be likened to a notice available in the public domain that is registered on a title to a landed property signifying that the interest or title is subject to a court suit. Many scholars have asserted that a certificate of pending Litigation in all intents and purposes act as a Lis Pendens. It is created in order to inform the general public that the particular subject matter of which the certificate is obtained for is subject to a court action and that if you are paying for it, you are buying at your own peril.
It is indeed a settled principle of law that if you are interested in a landed property that its always expected of you to make all the inquiries. Which inquiries include both actual notice and constructive notice.
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This Certificate will easily divulge to a buyer that the ownership of the person in possession is being challenged in the court and that he should be careful while making payment for the property. The certificate is expected to be registered by the person in possession of the property. Meanwhile, with the certificate of pending litigation the buyer if he forges ahead to pay for the property can go ahead to be joined in the suit.
This entail that the certificate allows the buyer who paid for a landed property that is subject to litigation to be joined as a party in the civil suit.
What is a Probate attorney?
It can be stated that after the death of a person and his burial, the next thing is the disposal of his property. This may be through a testamentary document (Will) or through letter of administration when the deceased died intestate.
If the properties are to be devolved or partitioned in accordance to his will, then it will be expected that probate is to be obtained while if the deceased died intestate (Without a Will) a Letter of administration shall be obtained in order to allow the relation to share the properties based on the law or custom of the land.
A probate Attorney (Lawyer) is that person who assist in obtaining the probate and in the execution of the will of the deceased. This attorney is saddled with the responsibility of ensuring that there is a clear and smooth probate process. The probate process includes paying the deceased person’s debts and distributing the assets of the estate according to the will or state law.
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It can be argued that the probate lawyer may not be the same attorney who drafted the will, instead this is a lawyer that the family members secured his service in order for him to assist them while they anticipate the smooth devolution of the properties of the deceased.
He assists the executor of the deceased’s will as well as the beneficiaries of the will through the probate process. This process includes identification of the deceased’s assets based on their estate plan, preparation and filing of the appropriate documents needed in the probate court and the transfer of assets to the beneficiaries and even asset debt recovery.
Note that a probate process can be avoided if the estate of the deceased person has been placed in a trust before death.