Does a judge usually use the expertise from a title company to determine ownership on a piece of real estate?
My mother's estate is in probate. My grandfather, grandmother, mother and I owned a piece of property. My sibling does not believe what the title company says. The 2 title companies state that each party owns 25% each. My sibling believes that our mother owns 33% even though it does not state that on the deed to property. She has no evidence supporting her theory. She says that a judge will have to decide the percentage of ownership even though 2 different title companies have already stated our mother's ownership was only 25% as there are 4 people clearly identified on the deed.
Does a judge use the evidence and expertise from a title company to clarify the percentage of ownership?
Well, the Judge *will* decide. But the Judge doesn't (that is, shouldn't) pull the numbers/percentages out of thin air or based on how the Judge feels about it. It is a question of law and fact, based on the drafting of the Deed (law) and the history of that parcel of property/previous deeds (fact/law).
The judge can and should take into account what the various parties and their attorneys are saying. And title company's expert opinion, if that opinion is from an attorney on staff, will be highly considered. But, ultimately, it is a question of law and fact. Good luck.
This communication is not to be interpreted as specific legal advise with regard to the matter-in-question. Nor does it in any way create an attorney-client relationship.