Q: Should the Decree of Descent be corrercted if it was filed with the wrong date of death for my mother? The day/yr wrong
A:
If there are assets that as of yet have not been transferred of record, the incorrect date in the Decree of Descent might create some confusion and delay in a future transfer. For real estate for which the decree of descent will appear as part of the record of title, the error might cause a delay in a future sale. The error may be corrected by the issuance of an Decree of Decent Nunc Pro Tunc. The minor error is corrected back to the date of the original order. The order is essentially the same order, save for the correction of the error.
"Nunc pro tunc is a Latin expression in common legal use in the English language. It means now for then. In general, a court ruling nunc pro tunc applies retroactively to correct an earlier ruling." Wikipedia, Nunc Pro Tunc. Downloaded August 4, 2017.
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