Widow can't decide how to leave house to heirs
Q. I'm a widow, and I own my house free and clear. It's the main thing I own. I've recently developed cancer, and I think it's time to make a will, and I don't know what's the right thing to do about who to leave it to. My children are all happily married. One daughter has two children; one daughter has three; and my son has none. How is this usually done?
A. There isn't a "usual" way it's done. You could leave the property equally to your children, one-third to each. Lawyers call that "per stirpes."
Or you could leave a larger share to the daughter with three children. Or skip a generation and leave the place equally to your five grandchildren. Or leave it to whichever family has the most need.
If you don't have a lawyer, call a local law firm and ask who specializes in estate planning. Then go in to discuss the matter; get advice; make your own decisions; and sign a will.
Q. In my divorce last year, I got the house and my husband was ordered to pay off the mortgage, which was in his name. He says he did, but he lies a lot, and now we're not talking to each other. He and his new wife bought a house in another state.
I'm not getting any mail about the mortgage, but I'd like some proof it's been paid off. How can I find out?
A. If the loan was paid off, your county public records office should have a copy of a satisfaction document in which the lender says the debt was entirely cleared. Those records are called public because anyone is entitled to see them. You can go in yourself and search the records, or you can look at them online.
If the satisfaction of your mortgage is on record there, you could always order an inexpensive copy, but you don't really need one. And if the document isn't there, it'll be time to talk with a lawyer, probably the one who handled your divorce.
Q. When my mother died, she left her house and farm to me and my sister. We have received an offer to buy it, but my sister won't agree. Is there anything I can do? We own equal shares.
A. Any co-owner of real estate has the right to go to court and request a forced sale and division of the proceeds. (Exception: In many states, homestead laws protect a spouse.)
The process is known as partition. That wouldn't do much for your relationship with your sister, though. Perhaps mentioning that you don't want to have to go to court will help.
Q. We used to live in a house we own in another state. When I got a different job, we moved and bought a house here, but I kept the old one and I rent it out. By the time I figure in the expenses, it doesn't really make much money, but we're sentimental about it and we figure it's an investment.
The tenant's lease is up soon, and we have to decide whether to renew it or sell the house. Do you have any opinion?
A. I'm always uncomfortable about amateur landlords, especially with out-of-town property. Sooner or later you're likely to have problems. Face facts and put the house on the market promptly, at a bargain price for a quick sale.
Several readers emailed asking for more of those questions in my "funny letters" file, so here's one:
Q. In December, my husband and I moved into our home. A friend came over, and his dog dug up a religious statue (St.?) in our front yard. I remember reading something about buried statues but can't get it straight. Is it for the seller, for good luck selling the home? Or is it just for good luck for whoever is living in the home? Should we put it back? If so, is it to be buried upside down? This matter is really bothering us.
A. As far as I know, the statue of St. Joseph (patron saint of carpenters) is buried upside down by sellers who believe it will help with the marketing of their house. One homeowner told me that after the sale it is to be dug up, cleaned off and placed in a position of honor in the house, perhaps on the mantelpiece.
• Contact Edith Lank on www.askedith.com, or 240 Hemingway Drive, Rochester NY 14620.
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