Settling Probate

If he refuses to complete the purchase as agreed in the sales contract, I would keep his deposit (presuming it is several thousand dollars). Let him sue you for it if he thinks the judge might rule in his favor. The buyer will look silly suing for a deposit refund when the buyer is in breach of the contract. For details, please consult a real estate lawyer.

DEAR BOB: Last weekend I was looking at condominiums for possible purchase. Several of the sales agents informed me when the condo complex has no-pet rules. Are such rules legal? It seems to me a condo owner should be allowed to keep an indoor cat if it doesn't go outdoors and never bothers anyone. -- Victoria G.

DEAR VICTORIA: Many upscale condominium complex CC&Rs (covenants, conditions and restrictions) prohibit pets. Such restrictions have repeatedly been upheld by the courts, so don't even think about having a pet in a no-pet complex. But perhaps you might get away with a goldfish.

DEAR BOB: My wife is from Trinidad and Tobago, West Indies. We intend to buy a home in Tobago. I am hoping we can get a mortgage in the United States. Is that possible for foreign real estate? -- Mark L.

DEAR MARK: Sorry, you cannot get a home mortgage in the United States for use in a foreign country. Perhaps your banker can refer you to an affiliate or correspondent bank in Tobago for assistance with financing there.

DEAR BOB: My husband and I have been married 27 years. He is rather "old school" and set in his ways. When we purchased our house about six months after getting married, he insisted title be taken in his name alone. I went along with that. We have had a good marriage, raising three wonderful sons, but my husband's health is declining. I am concerned what will happen if he dies first. He refuses to show me his will. When I bring up the subject of what happens to the house when he dies, he says, "Don't worry. It will go to you." How can I be sure I am named in his will to receive the house? -- Ida C.

DEAR IDA: There is no way to be certain you are named in your husband's will to receive the house. He might leave you, for example, only a life estate with the remainder to go to the three sons after you die.

Of course, because of the long period of your marriage, under the laws of most states you have probably established marital rights in the house. Other than that, you can't be 100 percent certain of receiving title to the house when your husband passes on.

DEAR BOB: I have heard mostly negatives about allowing a real estate listing agent to hold one or more open houses of a home listed for sale. These negatives include: (a) real estate agents use open houses to get more clients, and (b) inviting the public into the house invites the possibility of theft. What is your opinion? -- Bill S.

DEAR BILL: It is true, statistically, that real estate agent open houses rarely sell the house being held open. However, with today's home buyers taking more time than ever to decide on purchases, do you have a better idea to give a home exposure to the marketplace?

Of course, I presume the listing agent uses customary marketing methods such as Web sites, newspaper ads and the powerful multiple listing service.

Personally, as an investor I have bought several houses I spotted at open houses. Also, buyer's agents often drive their clients around on Saturdays and Sundays showing them what is available.