Consulting a lawyer is sound, and frequent, advice

Q. My dad just passed away in October, so my mom is trying to get everything in order for when she passes or has to move into a nursing home. Without involving a lawyer, she is looking for the best way to transfer ownership of their condo to my two brothers and me.

I've read a little bit about a quitclaim deed, but I would like your opinion about the best option for my mom.

A. I try to hold “see a lawyer” advice to no more than once per column, and I realize it's not what your mother wants to hear, but here it goes anyhow.

No matter how small the estate, a lawyer should always be consulted when someone dies — just to make sure any necessary paperwork is attended to. Assuming your mother did that when your father died, she can take the matter of transferring ownership to the same attorney. It's a simple matter to draw up a deed, properly execute it and enter it in the public records, so it shouldn't be expensive. She can always ask ahead of time how much it will cost.

First, though, your mother should discuss with the lawyer some possible consequences of the transfer. What would you and your brothers face in capital gains taxes if she later decided to sell the condo? Or what would happen if you sold it after her death?

If your mother is thinking about possibly qualifying for Medicaid some day, does she know about the five-year look back? Might she ever want to receive income from a reverse mortgage, for which she'd have to be the owner?

All this and more should be discussed with a professional before she does anything.

Q. I have a house that my oldest son expressed interest in buying. I'm not sure how he would qualify with his income but he has decent credit. Not only that, but I wasn't ready to sell the house. The problem is I am still trying to figure out how to improve my credit. I know I have collection issues and don't know how to find out how to clear them up, which are making my score low, so I can't qualify for a home-equity loan to repair the house to sell.

And I'm thinking of just renting it myself with a management company, but should I sell and then try to buy other fixer-uppers to help me and my son or should I stay in the house and rent or live in it and not help anyone until I die?

A. Beats me.

Q. For years, I have lived on a corner that is a gateway to a neighborhood of nice homes in a suburb. Over those years, there have been dozens of houses for sale in the neighborhood. When showing a home, agents place a sign on the corner of my yard to direct potential homebuyers to the property. Not once has an agent had the courtesy to ask if he or she could place a sign there.

Last month, an agent parked her car halfway on my lawn while she fetched the sign from the back of her car. I asked her to move the car. She said she would in a minute — in other words, she would do as she pleased. I told her not to put the sign in my yard, but she placed it on the opposite corner. After she left, I saw her vehicle had left muddy ruts on my lawn.

Now, don't you think it would just be good business to view every homeowner as a potential client? The agent who shows respect for a homeowner's property and takes the extra minute to connect with him or her may be giving an edge when that homeowner decides to list his or her property. It seems like such a simple concept, but it hasn't happened once in my experience.

In the meantime, I have spoken to a town official and he said it would be within my rights to remove the sign if I wished. Henceforth, that will be my policy.

A. You should certainly phone the real estate company and discuss the matter with the agent's supervising broker, who needs to know about it.

Certainly, you can confiscate a sign that was placed on your land without permission. Stash it in back of the garage and wait for someone to inquire after it. As for the gouges in the lawn, consider sending the brokerage a bill, along with a landscaper's estimate of what it would cost to repair the damage. You might do it to make a point, even if not too much money was involved. And perhaps go to small claims court if the bill isn't paid.

• Edith Lank will respond to questions sent to her at 240 Hemingway Drive, Rochester, N.Y. 14620 (please include a stamped return envelope), or readers may e-mail her at ehlank@aol.com.

2011, Creators Syndicate Inc.