May 19, 2012

Unmarried couples buying a home

In the not so distant past, the typical homebuyer was a married couple. But today, there’s a huge increase in the number of unmarried couples who are buying a home together.

It might not sound very romantic, but it’s a good idea for such couples to think about what their financial obligations will be regarding the home, and what would happen if they were to split up at some point in the future.

For instance, you might want to consider signing a “cohabitation” or “domestic partner” agreement. This is a legally binding document that says who will pay what portion of the mortgage, property taxes, insurance, maintenance and other house-related expenses. It can also say what will happen to the property if you and your partner decide to go your separate ways.

Another way to protect yourself is to understand the different forms of property ownership. For instance, if you own real estate as “joint tenants,” then you each own 50% of the property. You can’t leave the property to someone in your will; if you die, your share of the property automatically goes to your partner.

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Large home mortgages in RI are more difficult to obtain.

Starting October 1, 2011, large home mortgages on expensive houses are harder to get – because the U.S. government is trying to gradually play less of a role in the mortgage market.

Currently, government-related entities such as Fannie Mae and Freddie Mac guarantee or purchase the majority of home mortgages in the U.S. Lenders are much more willing to provide mortgages if they know the loan can be backed by these entities.

However, the U.S. doesn’t guarantee all mortgages – it only backs mortgages that meet certain criteria. In particular, there’s a size limit to how large a mortgage it will guarantee. That limit varies based on how expensive the housing market is in a particular area. Early this year, the limit was up to $729,750 in the country’s priciest markets.

But the government is eager to play less of a role in the mortgage arena. And one way to do that is to reduce its backing of the most expensive mortgages. So as of October 1, the government is reducing the maximum size of a mortgage that it will guarantee.

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Update your will and review your beneficiary designations

Did you know that your will does not determine who gets your IRA or your 401(k) account when you die?

That’s right – these accounts are “non-probate” assets, which means they’re not covered by your will. Instead, they will generally go to whatever person you named as the beneficiary when you set up the account.

Similarly, your will doesn’t determine who gets your life insurance – that will go to the named beneficiary on the policy. And your brokerage account might have a beneficiary as well.

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Sellers could sue after buyer’s deposit check bounced

A man agreed to buy a house on the Rhode Island coast for $1.2 million. He wrote a deposit check for $120,000, and signed a contract saying it was a cash deal and wasn’t contingent on his being able to arrange financing.

However, the man told the seller that he needed some time to deposit the $120,000 in his account, and asked that the check not be cashed right away.

The seller verbally agreed. After 12 days, though, the seller signed the contract and deposited the check. It bounced.

The buyer then told the seller that he had changed his mind and was walking away from the deal.

The seller sued the buyer for $120,000. A Rhode Island appeals court sided with the seller.

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Choosing the right right person as your executor or trustee.

Before you name someone as an executor or a trustee in your will – or before you agree to be an executor or a trustee – it’s a good idea to review exactly what responsibilities are involved.

These are serious jobs, and sometimes people don’t give enough thought to which person should be chosen.

Often, people simply name a spouse, a child, or a family friend. This might seem like a logical choice, and the person might expect to be given such a role, but that doesn’t mean they’re necessarily the best person for the job – particularly if they’re not detail-oriented, good with figures, and adept at handling money. Many people who quickly agree to act in these roles later come to regret it.

An executor’s job typically lasts about a year, and involves a lot of responsibility. Most executors hire an estate and probate attorney and sometimes other professionals to help them through the steps and make sure they don’t make any mistakes. However, you’ll still want to pick someone who is willing and responsible enough to handle the often difficult and time-consuming tasks.

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Trust property could be tied up by a long-term lease

A Rhode Island man put some property into a trust. The trust was designed to pay regular income from the property to the man’s son. When the son died, the property was to go to his grandson.

The trustee (a bank) entered into a long-term lease for the property. The result was that when the son died, the grandson didn’t get the property all to himself; instead, he inherited it subject to the lease, which meant he couldn’t immediately sell it.

The grandson sued the bank trustee. But a RI appeals court sided with the bank. It said there was nothing in state law or in the trust agreement that said the trustee couldn’t enter into a long-term lease, if that was otherwise an appropriate use of the property and a good way to provide income to the son.

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When to sign a ‘letter of intent’

If you’re involved in the sale or lease of commercial real estate in Rhode Island, very often you’ll be asked to sign a “letter of intent.” A letter of intent isn’t a formal lease or purchase agreement; rather, it’s a signed statement that the parties plan to negotiate a deal later that involves certain elements.

Because a letter of intent doesn’t seem like a contract – it seems more like a simple handshake acknowledgement that the parties hope to hammer out a formal agreement later – some people sign them without giving them a great deal of care.

This can be a mistake. Letters of intent are contracts in themselves, and can have serious consequences.

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Creating ‘conservation easements’ to save taxes becomes easier

If you own land that you want to pass on to your heirs, but you also want to make sure that some historic, scenic, or agricultural value will be maintained and not destroyed by future development, you might be able to accomplish this with a “conservation easement”…and also save taxes at the same time.

A conservation easement is a restriction on your land that says it can never be developed in certain ways. When you create such an easement, you give it to a charity – usually one that has been created to preserve some historic, scenic or agricultural heritage. In some cases you can also give the easement to a government agency.

After that, the charity or agency has the right to enforce the easement and prevent such future development.

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Buyer’s right to cancel was valid regardless of what his ‘real’ motives were.

A Rhode Island man agreed to buy a $4.5 million house, and put down a $400,000 deposit. The agreement said that the buyer had a right to conduct a radon test, and to cancel the deal if the results showed radon readings above a certain level.

The radon readings came back above that level. The sellers agreed to lower the price and to install a radon remediation system. However, while the radon system improved matters, some readings continued to be above the level in the contract.

The buyer canceled the deal and demanded his $400,000 back.

As long as a contract gave a buyer a right to cancel, his real reason for doing so was irrelevant.

The sellers, however, claimed that the buyer was acting in bad faith. They said he had told them that he wasn’t concerned about the radon, and that the “real” reason he wanted to cancel was that his wife had changed her mind and wanted to move to Connecticut.

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Rhode Island Trial Attorney

Rhode Island Trial Attorneys  •  Trial Attorneys in Rhode Island

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Our trial attorneys represent individual, families, entrepreneurs and businesses throughout Rhode Island in disputes involving real estate Law, business law, and estate and probate matters.