After loss of a spouse, you have time to change deed

Q. My wife passed away Oct. 24. Do I need to change the deed? Whom do I contact and where do I do this? Are there time restrictions on when this needs to be accomplished? Do I need a lawyer? As you can readily see, I am totally lost as how to proceed. Our home is owned free and clear.

A. I am sorry for your loss. You can take some time to settle down emotionally before you need to look into legal matters. Then, yes, you should have at least one session with a lawyer to find out what, if anything, needs doing. If you don't have an attorney, ask your friends or relations for the name of someone they feel comfortable with. And in the meantime, don't worry about deadlines.

Q. If there are two names on a deed, can one person sell the house without the other's permission?

A. If the two owners are not married to each other, either one can go to court and ask for a forced "partition." That will bring a public sale of the property and division of the proceeds. The process involves legal costs, and such a sale doesn't usually bring full market value, but it can be done.

If the two were married to each other when they bought the property, and particularly if the house is their main residence, state laws apply. Sometimes the answer depends on how the two were named in the deed. Sometimes various homestead laws apply.

Q. This is in response to the article on Buying a First Home.

As a first-time homebuyer for an existing home, I had a couple of unpleasant things happen that others may benefit in knowing and being better prepared. My home inspection was basic and went well. I assumed the recent renovations included getting a permit form the town and that inspections had taken place. WRONG! Mine absolutely was not inspected, and I've been working with an electrician to fix faulty wiring that was never installed to code during the renovation. I have a fire hazard in my house!

During the walk through, if anything is beeping, such as a smoke alarm, stop the sale. The seller is supposed to take care of this. The beeping turned out to be an outdated carbon monoxide monitor that I had to go out and purchase/replace.

Make sure that you receive all keys and garage door openers at closing or you should stop the sale. Sounds silly, but I found out the sellers were in the house during the closing as well as a few days later. I had to re-key everything as well as get new locks to keep them out. Not everyone is like that, but I thought I was dealing with decent people. I found out they were liars and about as cheap as they come.

A. Many buyers change locks as a matter of course when they move in. There's always the chance that an old key is sitting somewhere. And even with a new house, one can usually expect small problems like that carbon dioxide alarm.

Faulty wiring, though, is a different matter. I'd check what the seller said if you received a written report of condition, and I'd talk with my home inspector. Depending on the amount you're spending, it may be worth consulting your lawyer or representing yourselves in small claims court.

Q. Someone recommended using beneficiary deeds instead of a will. You correctly wrote that only some states allow beneficiary deeds. However I believe all states allow deeds in which the grantor or seller reserves a life estate, which basically accomplishes the same thing, transferring real property outside of a will.

A "life estate" means ownership of the property is transferred but the grantor retains use of the property for the remainder of his or her life.

A. Thanks for an interesting comment. But as with most legal strategies, it's not quite that simple. Drawbacks with life estate may include the loss of a stepped-up cost basis when the parent dies, although in some circumstances that can be successfully challenged. Then again, if the parent later decides to sell, the proceeds (and any tax liability) must be divided according to IRS life expectancy tables.

All of which makes the matter too complicated and too lengthy for the column. As usual, I need to end up with the standard: "Everyone's needs are different. Legally, there's no one-size-fits-all. Consult a lawyer before you do anything."

• Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (include a stamped return envelope), or readers may email her through askedith.com.

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