Intestate

Home

THIS AGREEMENT made in triplicate this ________ day of _______________, 20___, by and between _____________________________________, hereinafter called the Depositor, and ____________________________________, herein after called the Bank, and SOUTHERN TITLE INSURANCE CORPORATION, its successors and assigns, hereinafter called the Insurer, witnesseth:

WHEREAS, said Insurer has been requested to issue its policy or policies of title insurance insuring the title to property situated in ___________________, Virginia, and briefly described as ____________________________________ located at ______________________________

and

WHEREAS, said property was formerly owned by ______________________, now deceased; and

WHEREAS, the Estate of said deceased has not been settled and said property is subject to debts, if any, against the estate; and

WHEREAS, said property is subject to possible estate and inheritance taxes; and

WHEREAS, the title to said property is subject to the probate of a will of the said deceased, within the period prescribed by law; and

WHEREAS, said SOUTHERN TITLE INSURANCE CORPORATION has refused to issue its policy without exception to the above matters unless indemnified as herein set out;

NOW THEREFORE, Depositor does hereby agree to indemnify said SOUTHERN TITLE INSURANCE CORPORATION against any and all loss, cost, damage, charge, liability or expense, including court costs and attorney’s fees, which it may sustain or be put to due to the issuance of owner’s or mortgagee policies on said property by reason of (1) there being an attempt (a) to subject said property to the payment of debts against said estate, and/or (b) to subject said property to the payment of estate or inheritance taxes and/or (c) to probate a will of the said deceased, during the period within which the title would be affected by the probate of a will, and/or (2) said property being (a) subjected to the payment of debts due by the estate of the deceased, and/or (b) subjected to the payment of estate or inheritance taxes and/or (c) affected by the probate of a will of said deceased, and/or (3) unmarketability of the title to said property on account of the fact that the same is, or may be (a) liable for debts or possible debts due by said estate and /or (b) liable for estate or inheritance taxes, or possible estate or inheritance taxes, and/or (c) affected by the probate of a will of said deceased, and

FURTHERMORE, in consideration of the premises, the parties hereto mutually covenant and agree as follows:

As additional security, the Depositor herewith deposits with the Bank the sum of $_________________, receipt of which the Bank herewith acknowledges, to be held by the Bank subject to the conditions set forth below.

(a) That said insurer shall have the right, in the event the necessity in its discretion arises, to apply all or part of said fund to the defense, without obligation to defend, of any claim or claims as aforesaid, which may be asserted, or to the satisfaction of any such claim or claims and/or to the establishment of the title as insured by the policies of said Insurer on account of said matters.

(b) That said amount will be held until one year has expired from date of death of said deceased, at which time the said sum will be returned to said Depositor, less the charges, if any, of the Bank and less any amount or amounts of said fund which may have been paid in the defense or satisfaction of any claim or claims as aforesaid, provided Insurer is furnished a certificate of one of its approved attorneys to the effect that no suit has been instituted against the estate for the payment of any debts, and provided that estate and inheritance taxes have been paid, or if the estate is not subject to such taxes, that it is furnished with satisfactory "No Tax" Certificate from the proper taxing authorities and provided further that no will has been discovered and admitted to probate.

(c) That payments to the Insurer under (a) above shall be by Cashier’s check of the Bank on the demand in writing of the Insurer. Payments to the Depositor under (b) above shall be made only after the Bank receives the written consent of the Insurer and no payments of any part of the deposit shall be made to the Depositor, or on order of the Depositor at any time, without the prior written consent of the Insurer.

IN WITNESS WHEREOF, the parties hereto have duly signed and sealed this instrument in triplicate.

_________________________________________ (SEAL)

DEPOSITOR

_________________________________________

BANK

BY: ______________________________________ (SEAL)

SOUTHERN TITLE INSURANCE CORPORATION

INSURER

BY: ______________________________________ (SEAL)