Building a deck remains one of those perennial favorite projects. A well-built deck definitely adds to the enjoyment of your home, while also adding resale value. With a few carpentry skills and tools, the construction of a basic -- or even not so basic -- deck is something that's well within the reach of most do-it-yourselfers. And there's something about that combination of fresh air and fresh sawdust that's irresistible!

Every deck, no matter the size, style or complexity, consists of two basic components -- the underframing (including the foundation) and the decking. If the deck sits up off the ground very much, you can add two additional components as well -- a railing and a set of stairs.

As with any home improvement project, construction begins on paper. Whether you do the design yourself or enlist the aid of a designer, lumberyard or home center, the design needs to incorporate all of the structural elements such as the size and layout of the support piers and framing lumber. If your deck will have stairs and a railing, that design should be included as well.

FOUNDATION AND UNDERFRAMING
This is the structure that supports and braces the load of the deck and its occupants, and while it's rarely seen, it's actually the most important part of the entire structure. Due to its location, where it's in close proximity to the ground and also subject to water runoff from the deck above, pressure-treated lumber is typically the best choice for this part of the project.

Typically, construction of the deck begins with the layout, digging, and pouring of the concrete piers or footings that will support the deck. Smaller decks can often utilize precast pier blocks, while larger decks may require piers that are sunk into the ground to a depth below the frost line. Galvanized steel brackets imbedded in the concrete provide a convenient and stable attachment point for the transition from the concrete to the faming lumber.

If the deck is attached to the house, the next step is installation of the ledger. The ledger provides an attachment to the house, and serves as the starting point for the deck framing. A ledger is typically made of the same size and type of material as the deck framing, and it's important that it be securely bolted to the house's structural framing.

It's also important that the ledger be level and at the correct height, depending on where the finished deck will be in relation to the house. For example, if you will be stepping out a door and directly onto the deck, the ledger should be located at a distance below the door that is equal to the thickness of the decking material you'll be using.

Using the ledger as a reference point, the rest of the framing takes off from there. Using string lines, a laser level or other means to establish their location in relation to the ledger, the support girders are installed next. The girders are supported by posts attached to the piers, and are installed perpendicular to the direction of the joists.

The final underframing step is the installation of the joists. These are installed perpendicular to the direction that the decking boards will run, and rest on top of the girders. They are also attached to the ledger at one end. Since the decking is typically installed parallel to the house, that means that the joists would be perpendicular to the house, intersecting the ledger at a 90-degree angle. Galvanized steel joist hangers are the most common method for attachment and support of the ends of the joists where they meet the ledger. Depending on the size of the deck, blocking and/or bracing may be required as well.

If your deck is freestanding and is not attached to the house, the overall construction process is pretty much the same. However, since a freestanding deck lacks the rigidity of the house to anchor one side, it often requires some additional bracing to stabilize the framing.

DECKING
With the basic framing complete, you can now move on to the installation of the deck boards, which are laid perpendicular to the joists. The most common attachment method is to screw down through the board into the joist below -- don't use nails, which have more of a tendency to work loose as the framing dries out. If you would prefer not to see the screw heads, there are several different methods of concealed fastener installation -- check with your designer or a local lumberyard for options that will work best for your particular deck design.

For the best appearance, use the longest boards possible so that you can eliminate some of the end-to-end joints. For example, on a 16-foot deck it's preferable to use 16-foot boards instead of two 8-foot boards. If the deck is large enough that joints are required, stagger them between successive rows by a minimum of two joists. For example, a 24-foot deck might start with a row of two 12-foot boards, followed by a row made up of three 8-foot boards. This will look better and be a little more stable than a row with one 10-foot and one 14-foot board.

Remodeling and repair questions? E-mail Paul at paulbianchina@inman.com.

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In 19th century America, the only way an architect could view historic architecture was to go see it firsthand (usually on another continent), or else find engravings of it in books. Because architects of the era were much less likely to travel than their modern counterparts, engravings ended up being their usual reference. Mind you, the engraver unavoidably put his or her own spin on the thing they were illustrating, and this subjectivity, along with a frequent lack of historic context, made it hard for architects to get a real grasp of historic styles -- one reason for the almost cartoonish nature of so much Victorian architecture.

All this changed in the 1890s with the introduction of the halftone process, which used thousands of tiny, variously sized dots to reproduce the full tonal range of actual photographs. For the first time, photos could be faithfully reproduced in mass publications such as magazines and newspapers, without the subjective distortions of the engraver.

The National Geographic was among the first magazines to replace line engravings with halftone photographs, but architectural journals were also fairly quick to make use of the new process. As early as 1898, The American Architect and Building News published a popular series on Colonial architecture. After World War I, when many mainstream architects and builders became smitten with Europe's vernacular architecture, photo features of historic architecture began going further afield.

By the 1920s, architects were routinely referring to trade journals packed with photographs of European vernacular buildings, whether English, Spanish or French. In 1926, Architecture magazine began a regular series of portfolios featuring authentic renditions of traditional European vernacular details such as iron railing, garden pools and window grilles. Spurred by such information, architects explored increasingly exotic styles, whether Moorish, Indian or North African.

The Depression and the advent of World War II put an end to America's (fascination) with European and exotic architecture, and for the next half a century, trade journals instead published equally influential photo spreads on what they presumed to be the future of architecture: Modernism.

Ironically, while traditional detailing is once again all the rage, modern renditions of historic styles -- or for that matter, copies of 1920s revival styles, which were themselves copies -- seem both less erudite and less charming than the originals. Decorative features such as columns, arches and moldings are misused, overused or carelessly thrown together in ways old-time practitioners would have found laughable. This problem is merely troubling in modest tract houses, but epidemic in expensive custom homes, whose larded-on detailing is at once overblown, graceless and clumsily proportioned -- much closer to Victorian-era pastiche than to the refined revival styles of the 1920s and 30s.

Despite the blizzard of information to be had on the Internet, we architects seem to have a much lazier grasp of traditional design than did our predecessors. Today's brand of pastiche strains to evoke the easy charm of tradition, but more often the result is plain old bedlam. It's a far cry from our colleagues of the 1920s, who composed their "informal" designs with utmost care, and who always kept an eye on their faithful photographs.

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Q: When I was 22, my father purchased a condominium for me. He put it in both of our names. After approximately five years, he paid it off in full.

I have recently been sued both corporately and personally. Approximately one month prior to being served, my father wanted my name off of the property, so I filed a quitclaim deed to remove myself from the property and give him full ownership.

A month prior to the hearing, a pending lien was placed on the property by the plaintiff. A final judgment was awarded to the plaintiff, who has stated that he intends to proceed with post-judgment efforts, which include filing a motion to go after the condominium now owned by my father. Is this possible?

A: It is absolutely possible. You owned a property with your father. It can be assumed that you owned one-half of the condominium. When you were sued the plaintiff put a "lis pendens" on the condominium. That is a notice to all that the property you own is subject to possible action due to continuing litigation.

That notice meant that any subsequent owner of the property would take title subject to that litigation. If the litigation were successful, any subsequent owner might lose the property depending on the judgment awarded and the value of the condominium.

In your case, you tried to transfer your interest to your father, who paid for the property, thinking that you could shield it from the judgment levied against you. Unfortunately, now that your father owns your half, he could lose that half to the plaintiff in your litigation.

Much more fundamental to your case is the fact that you probably transferred your one-half interest in the condominium to your father without your father paying you for your interest and with your father probably having knowledge of your litigation problems.

When a debtor -- that would be you -- transfers an interest in property to another person without getting paid, your transfer could be said to be a fraudulent conveyance. Most states recognize that a creditor has the right to go after a debtor's assets for debts he or she owes the creditor. If the debtor disposes of his assets to prevent the creditor from getting to them, the law protects the creditor. Those fraudulent conveyance laws would say that the debtor's transfer of an asset to avoid the grasp of a creditor should be taken away from the person that received them.

Since your father did not pay you for your share of the condominium, when you transferred your share of the condominium to him and received nothing in return, it may be construed by the courts that you were trying to defraud the creditor.

If your father had paid you money for your share and that payment was what you would have received if you had sold your share to a stranger in a good-faith transaction, the transfer would not have been fraudulent. However, the cash you received from the sale would then have to be paid to those named in the judgment.

In your case, even if your father had paid you, the litigation notice had already been placed on the property and it was too late to sell the property without adverse consequences once you lost your case.

The only way your father might prevail in his case against the plaintiff is to prove that your name was on title in name only but that your interest in the condominium was minimal. Since you were on title, you had to have owned something. Generally if you own real estate as joint tenants, you and the other tenants are deemed to own the property in equal shares. The question would then be whether you owned the property in equal shares or not.

If you did not own the property in equal shares, you would need to have some documentation to prove your ownership stake in the property. That would be your share that would be lost to the plaintiff. If you can't prove that you owned something less than the presumptive one-half share, that one-half interest is at risk.

The plaintiff can attempt to have the half interest sold or force your father to pay them off to clear the title.

You would be wise to talk to an attorney about your situation.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: My daughter will be a college senior next year and plans to live off campus. Most of the rental properties near the college are expensive and owned by landlords who are reportedly very unscrupulous; they supposedly do not take good care of their rental properties or handle tenant complaints fairly. My daughter wants to live in one of those properties (a large rental house that's big enough for her and seven other girls from her sorority).

The landlord wants a $3,000 deposit from each of the eight girls. When I visited the house, the current renters said they had wanted to stay another year but were being kicked out. They've heard that the owner always keeps the total security deposit, regardless of the condition of the place, and rents to a different group every year. Can you tell me anything we can do ahead of time to prevent this from happening to our daughter and her friends? --Theresa O.

A: In a nutshell, don't rent from this landlord! If your state limits the security deposit to a multiple of the monthly rent (in California, for example, it's twice for unfurnished rentals; more if furnished), you know right there that this owner is flagrantly violating the law (surely the rent isn't $12,000 per month!). If the word on the street is accurate, you can expect he'll keep your $3,000, as well as the deposits of the other tenants.

If this happens, you could, of course, sue in small claims court for the deposit's return, but that will be a major hassle (especially if the college is out of state). The students will be gone, on post-graduation romps, back in their hometowns, or off to new places with jobs, and no one will be eager to come back to handle a court case. In fact, you may also need the cooperation (and physical presence) of the other parents if they, like you, are putting up the deposits. Because it's the parents' money, a judge may insist that the parents file the lawsuit. A reunion like this is definitely not going to happen, and everyone will chalk this up to an expensive "learning experience."

You could try to set this sleazy landlord straight at the outset, but don't count on reforming him. Check with the university housing office and if you find that he lists there, share your information. Pressure and threats of de-listing from that sector might give the landlord pause. You could also speak with the local city or district attorney, or legal aid, asking if they are interested in bringing an "unfair business practice" case. They will need someone to be the plaintiff, a former tenant who has been ripped off already, and since that hasn't yet happened to you, you'll have to find a willing ex-tenant.

Rather than spending energy on all this, suggest to your daughter that she and a much smaller number of roommates look for a smaller place -- or perhaps a rental a little further away from campus. They'll have more options and a greater chance of finding a reputable landlord.

Q: Our rental unit in Palm Springs has been occupied by the same tenants for four years, who renew every year. They are dream tenants, but the property management firm we hired and who procured the tenants is a nightmare! They don't forward the rent to us (even though the tenants pay early), and even then, they make the checks out to the tenants!

We want to stop working with this company, but we're concerned about this clause in the contract: "This agreement may be terminated by either party on 30 days' written notice. The Owner agrees not to rent to any tenant procured by the Company for a period of one year after the last occupancy by said tenant. If the Owner does rent to such a tenant, the Owner agrees to pay the Company 20 percent of any and all rent obtained by Owner for the identified tenancy."

The company collects 10 percent of the rent per month. We are considering just giving them the 30-day notice and letting them chase us for the money for a change. What do you think? --Linda and Rueben P.

A: The management company was probably trying to ensure that, if you terminate the contract, you will pay them a portion of the rent from tenants they have found for you. But fortunately for you, they've done a sloppy job in writing their contract. Their clause says that you will owe them a cut of the rent if you rent to a tenant whom they procured within a year of that tenant's "last occupancy." This means that if your current tenants move out, but move back in within a year, you have to pay the 10 percent. As long as your current tenants continuously occupy the rental, there's no "last occupancy," so there's no trigger to start the one-year blackout period.

If the management company objects and takes you to small claims court to collect its fee, expect that they will argue that the clause should be read as it was probably intended. Don't buy it -- and argue that the judge shouldn't, either. If there is any ambiguity in the meaning of the clause, it should be resolved against the party that drafted the agreement: the management company. This is an age-old principle of law that should support your position.

You have a second argument to support your position that you will owe no further fees. The termination clause is intended to give you and the company a "no fault" way to end the arrangement. You would each use this method if you wanted to end the contract for any reason other than the other side's failure to follow through with the terms and conditions of the deal. For example, if you decided to handle the rental management yourselves, you'd end the contract using this procedure.

But if one side breaches the contract by seriously failing to follow through on a critical term or condition, the other side can declare the deal to be over and all future obligations for everyone are finished. For instance, if the company simply failed to collect the rent, you could end the agreement on that basis. It would be ridiculous to expect you to continue to pay the company when their failure to collect rent violated the terms of the contract. The question here is whether their repeated failures to forward the rent to you (and any other mistakes) rise to the level of a contract-ending breach. If their conduct has been so sloppy that you aren't getting what you're paying for, you should be able to convince a judge that the contract is no longer binding.

There's one final arrow in your quiver, should you need it: The management company is attempting to collect twice its usual fees if you end the contract and rent to a tenant whom they found for you. This maneuver runs afoul of another time-honored legal principle: When one side breaches a contract, the other side's damages are limited to the actual losses they suffer, no more. Yet the management company is attempting not only to cover its lost fees, but to go further and make money on your breach. Their clause is a penalty. American jurisprudence never embraced the idea of businesspeople penalizing each other for failure to live up to a contract, and judges routinely refuse to enforce contract provisions that are punitive.

Protect yourselves by sending a written termination on 30 days' notice, but also specify why you think the management company has breached the agreement. This way, you're ending the relationship according to the terms of the contract, but you're preserving your right to argue later that the management company didn't hold up their end of the deal.

Janet Portman is an attorney and managing editor at Nolo. She specializes in landlord/tenant law and is co-author of "Every Landlord's Legal Guide" and "Every Tenant's Legal Guide." She can be reached at janet@inman.com.

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Q: I'm planning to move into a new place next week and the landlord is taking a hefty deposit. Any suggestions on getting it back when I move?

A: Deposits are always a concern for renters, especially with higher rents raising the bar on deposits. To ensure that your monies are returned, it's important to know what to do before, during and at the close of the tenancy to safeguard your investment.

First, know the condition and inventory of what you're renting. Before taking possession of the property, complete a walkthrough of the property preferably while still vacant. An excellent checklist is available free from the California Department of Consumer Affairs Web site; select "inventory checklist" from the menu. The site offers excellent advice and how-tos any renter can appreciate.

When filling out the inventory checklist, you'll need more than a pen; bring along a clipboard, blank paper, ruler, tape measure and a camera to detail the items listed. Besides documenting conditions, it's good to know the size of any damage, such as a chip in the bathtub enamel. Be sure to ask the landlord what items are new or redone in the unit, especially flooring, paint and fixtures. New appliances should be noted on the sheet, too.

When filling out the form, understand the top deductions and how to avoid them. While cleaning fees and unpaid rent are common, there are larger expenses to be wary of.

Biggest deduction winners? "Well, I know this is a shock, but alas, it would be carpeting," explains property manager Jim Silton, who handles approximately 400 properties in Los Angeles. It's important to do more than just "check the box," as a single bleach stain or worn carpet could cost you hundreds or even thousands of dollars. If it looks like new carpeting, ask. If it's not new, note the existing condition. "Sometimes a landlord will charge a higher amount for replacement of carpeting, not taking into account its useful life," Silton notes.

Other types of flooring, such as hardwood, tile and linoleum should also be scrutinized. Because flooring covers a large area and cannot always be matched, protecting your security deposit requires knowing what you stepped into and protecting them during your tenancy.

Another ding to avoid is painting. Costs have grown over the years, especially with the higher expense of lead-free paint and materials. Once again, a single stain or large nail hole may signal the need for a wall or entire room to be painted. If you're moving in and there are pre-existing nail holes, stains or markings, a photo alone may not do it justice. Draw a simple sketch of the room's floor plan and indicate with an "x" the damage location and type to correspond to the photo. Sounds crazy, but a few extra moments could save you a bucket of cash.

Appliances can be expensive to fix or repair, and should not be on your tab if you rented them dented, chipped or broken. Since it's impossible to run every appliance at move-in, note if there's a problem when used. If the dishwasher leaks all over the floor, reporting it promptly in writing to the landlord can keep you from getting soaked financially.

Mold and mildew? Look under the sink and around water sources, such as around a tub or shower for discoloration. If the place had water leaks that caused the mold to form, that's not your fault. Failing to report it promptly during your tenancy is another story. Report leaks promptly before damage is done.

Countertops and sinks? Look for chips, stains and discolorations, especially around the edges and faucet.

Watch out for rare or hard to replace items that are very expensive to compensate for. Some properties may include one-of-a-kind features such as chandeliers, bookcases or custom materials that need special care. Rather than quibble over their condition or value, ask the landlord to detail the hard-to-define items. Custom paint colors are also a red flag, since they rarely can be matched if tampered with.

Once your checklist has been meticulously completed, and hopefully approved by the manager or landlord, be sure to file documents with your rental paperwork.

A few weeks prior to move-out, you can dust off the list and do a "before and after" evaluation. In some states, landlords are compelled by law to offer a pre-move-out walkthrough a few weeks before move-out. Wherever you live, it's worth asking the landlord for a stroll. Using your finely tuned checklist should help keep the landlord from stalling or even keeping your deposit.

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Q: I have four small rental homes that are older and are really starting to show signs of wear and tear. I am constantly receiving calls from my tenants about something that is broken or needs to be replaced. This is getting expensive and is cutting into my cash flow that I need to pay my own living expenses.

So a friend of mine said he read a book on property management that suggested requiring the tenants to handle all repairs as part of their lease. This sounds great so I was thinking that I would send my tenants a written notice advising them that when they renew their lease I am no longer going to be responsible for the upkeep and repair of the air conditioners, gas heaters, or any of the kitchen appliances. They will accept them in "as is" condition, and the tenant will pay for all repairs or replacement if they break. What do you think about my idea?

A: If it sounds too good to be true, it probably is too good to be true. I would strongly advise against such a policy and recommend that you retain control of all repairs for all building systems and appliances. Do not be short-sighted even though it may increase your upfront out-of-pocket costs of maintaining your rental homes. The "savings" you think you will achieve are not real. I would expect that many tenants will not perform any preventive maintenance or pay for any professional contractor to properly maintain the air conditioner, gas heater and appliances. They don't own this equipment and most likely will do nothing at all until they break and then they will do the minimum to keep them barely functional or they may consider buying "used" equipment as replacements. Even if you had a tenant who was willing to agree to handling the maintenance and repairs he or she would consider it only for a reduction in the rental rate below the going market rental value of the property. So you don't really save anything.

I firmly believe that while the tenants need to be diligent to alert their landlord or property manager to building systems that need attention, the landlord should be responsible for the inspection and maintenance or replacement of all components of the rental property. I am aware that some property management authors and "experts" make these suggestions to sell books. One that I have seen is something along the lines of including a clause in the lease that says "tenants are responsible for all repairs under $50." This is not what I suggest and there are many liability problems that can occur if the tenant does not properly maintain the premises or gets hurt doing their own repairs.

I suggest you don't delegate the proper servicing and maintenance of any building systems, and that you consider increasing your rental rates if possible to cover the additional expenses and always retain control of your property.

Q: While on vacation, a tenant arranged for a friend to care for his cat. While in the apartment, his friend left the top door of his refrigerator open, causing the freezer to defrost. The leaking water flooded the apartment and eventually traveled through the subfloor and emerged in the kitchen ceiling of a lower apartment. The damage was so great that the ceiling had to be removed, replaced and repainted. In addition, the cat was allowed to escape from his apartment and defecated on the common-area carpet. There is a standard month-to-month lease in effect, requiring that the tenant be liable for damages caused by a guest or invitee. Who is responsible for the damages?

A: Based on your description of the facts it seems pretty clear that the tenant would be responsible for the damages caused by the negligence of his friend. It sounds like the damage is significant so the tenant should make a claim to his renter's insurance carrier. You, the landlord, should also file a claim with your insurance carrier so that the repairs can be done right away and then your insurance can subrogate the paid claim with the tenant's insurance policy or directly pursue reimbursement from the tenant if he is uninsured. Be sure to keep detailed written records of the costs of the repairs and photos of the damage in case the tenant or his insurance carrier disputes the claim.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold, author of "Property Management for Dummies" and co-author of "Real Estate Investing for Dummies."

E-mail your questions to Rental Q&A at rgriswold.inman@retodayradio.com.

Questions should be brief and cannot be answered individually.

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Q: I am single, age 70. The only "individual" asset I have in my name is my condo in Florida, which is my principal residence.

In order to avoid this asset going through probate at my demise, may I record a new deed titled as follows: "Mary J. Smith, TOD (Transfer on Death) to Mark R. Smith (son)"? I have executed stock and other assets titled as above, thus avoiding probate. Thank you in advance.

A: There are currently nine states that permit a TOD deed, also known as a beneficiary deed, to be recorded for a piece of real estate: Arizona, Arkansas, Colorado, Kansas, Mississippi, Nevada, Ohio and Wisconsin.

In these states, you can record a TOD deed that names your heir as the grantee (the owner of the property is the grantor) upon your death. You would record the deed just as you'd record a regular deed. Your heir would need a death certificate and, in some states, an affidavit, in order to complete the transfer of ownership.

The big savings: You don't have to go through probate.

You can revoke or amend the TOD deed at any time without consulting the grantee and the grantee, since he or she doesn't own the house until your death, has no ability to borrow against the property or have it attached in a bankruptcy, for example.

And if there is an outstanding mortgage on the property, it would be transferred into the grantee name upon your death.

Since you live in Florida, I don't believe you can execute a TOD deed in order to avoid probate on the property. But if you wish, you can set up a living trust that would accomplish the same thing. In addition to being able to place your home into the trust, you could also place any other assets you own into that trust.

Normally, the trust would allow you to revoke the designation and you could take the assets out of the trust if you wished. But the trust would allow you to hold bank accounts, your home and even stock in the name of the trust. Upon your death, those items would stay in the trust, but the new beneficiary would be your son. He could then sell or use those items held in the trust and he would avoid the cost of probate.

Essentially, you'd transfer the property into the name of the trust, and name your heir as the successor beneficiary of the trust upon your death.

For more details, please consult with an estate attorney.

Q: My 88-year-old aunt died recently. She was best friends all her life with her 91-year-old sister. She told her sister numerous times that if anything happened to her that she wanted her to have her house along with her surviving brother.

After her death, my aunt's estate was settled and the house was sold. Upon researching the deed for the sale it was discovered that the brother who preceded my aunt in death was also on the deed.

The house proceeds were divided into thirds and the third portion wound up in the hands of my aunt's sister-in-law (her late brother's wife). My aunt never intended her to get any of the proceeds.

Would there have been anyway to reverse the deed and have the will override it?

A: I suspect that the answer is "no." Whoever is named on the deed is an owner of the house. A will would dictate only what is to be done with the property that is owned by an individual, in this case, your aunt. The fact that years earlier someone put your uncle on the deed to the house meant that your aunt's will would serve only to distribute her share of the property after her death.

While I don't think there is much you can do now, your situation is a good example for those who don't believe it's necessary to make sure their estate is organized and tidy. If you don't plan out your estate, little things can disrupt the best of intentions. This is particularly important if you have minor children or older relatives who are dependant upon you for support.

For more details, please consult with an estate attorney.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Q: I removed my old kitchen cabinet doors and bought new ones -- natural maple, RTF -- via the Internet. I am happy with them, but I mistakenly bought two extra doors that are much too big and two doors that are barely too small. I can't return them. So here's what I want to do:

1. I plan to have one of the big doors cut in half and wish to have each half bored with two hidden hinges. I will use them as French doors in a spot where I forgot to order a door. I don't know how to use power tools other than a drill and electric screwdriver. Is there someplace where I can take the door to be sliced in half? Where or how can I drill the proper size circle for the hidden hinge, just like the other doors'? Is this something I can do myself with the proper drill bit?

2. I am considering cutting one of the smaller doors down so that I can make a lazy Susan set for a corner below my counter. I would require only one hidden hinge for this. Each panel of the lazy Susan would be about 5 1/2 inches high by 11 inches wide. Is this too narrow to create a small lazy Susan with one hidden hinge?

By the way, I painted all the boxes myself, a nice red color that my family likes. I think I did a pretty good job.

A: Congratulations on entering the world of home renovation. The last line of your e-mail tells us you got a good deal of satisfaction from doing the job. For us, that's what it's all about. We're sure the kudos from your family felt good too.

True, you made a mistake in ordering some of the doors, but stuff happens. More important, you've got a plan to fix it. Making lemonade from lemons is great fun. If your plan doesn't work out, just reorder the correct doors and all you'll be out is the cost of the replacements.

Finding a place that will slice the doors should be easy. Any lumberyard should be happy to do it. However, we suggest that you take the folks at Home Depot at their word. Their slogan, "You can do it, we can help," is made for your situation.

From experience, we know they cut sheets of 4-by-8 plywood into more manageable pieces on request. There's no reason they could not use the same saw to halve your doors. There may be a small cutting charge, $1 or so, but a manager can waive that if you ask. This is especially true if you purchase the tools and material you'll need for the rest of the project at the store.

Drilling the holes for the European-style hinges is something we encourage you to do yourself. The drill and screwdriver you already own are most of the tools you'll need. You'll just have to buy the proper-size Forstner bit. A Forstner bit produces a round hole with a flat bottom and a very shallow pilot hole. For a definition and more than you probably want to know go to links.sfgate.com/ZPV.

The hinges you buy will include installation instructions specifying the correct-size bit. If you use the hinges provided with the door, measure the diameter at the base of the insert of the hinge. That's the size you'll need. You must set the depth of the bit so you don't drill through the front of the door.

To avoid this, measure the depth of the hinge. It should be about 3/4 inch. Transfer that measurement to the drill bit by placing a piece of tape around the Forstner bit. Blue painters' masking tape works well for this. When drilling the new hole, go no deeper into the door stile than the bottom of the tape.

To locate the hole on the door stile, use the paper template included with the hinges. If you already have hinges, remove an existing hinge from one of the doors and measure from the side and top of the door to the center of the hole. Transfer these measurements to the stile to be drilled.

Finally, install the Forstner bit and drill the holes. Make sure to keep the drill bit perpendicular to the stile surface. Install the hinges, hang and adjust the door.

We encourage you to use two hinges on the proposed lazy Susan. Maple is a heavy wood, and one-hinged doors, regardless of the size, can easily get out of balance with use.

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The memory of a no-nonsense conversation, held more than a decade ago, hit home then and is vivid today.

"This probably would not be the loan for a person who planned on making just the minimum payment every month," said the Washington Mutual senior loan consultant. "It's a great program for borrowers who really might use the flexible payments, but if you stay with the minimum, you are absolutely going to owe more than you borrow."

I thought about that meeting the other day when I read that WaMu had discontinued its option-ARM (adjustable-rate mortgage) loan program along with its Mortgage Plus loans -- and laid off 1,100 more employees. Earlier this year, the bank had closed its home loan centers, sending potential residential mortgage applicants to its retail banking outlets.

The reason WaMu pulled the mortgage programs was the national scrutiny toward any negative-amortization loans. Negative amortization occurs when the monthly loan payment is less than the principal and interest needed to pay off the loan in a specific period of time. The difference is added to the loan amount, so that the borrower owes more than the amount initially borrowed.

Why, you ask, would you ever take out a loan where you owed more than you borrowed after a few years? In a perfect world, when you had all the money you needed when you needed it, you would never subscribe to such a deal.

But think about it … Will you have to refinance the house -- or at least consider a home equity loan -- to send the kids to college? Or put mom in an assisted living facility? We did both and the option ARM was a terrific vehicle for those financial challenges.

The Mortgage Plus loans offered built-in lines of credit while the option ARM gave borrowers more choices over monthly payments each month, thus providing an opportunity to "flip-flop" payments according to household cash flow. After the initial start period, customers could select among four payments plans each month during the life of the loan. Borrowers were never locked in to one specific payment or amount, leaving open the possibilities of pulling back during a money crunch or shelling out more after an unexpected windfall.

I'm all about options and variety. The more options, the better the chances of filling an individual need. While the intent of the loans was genuine and really attempted to give borrowers a solution for the different financial times of their lives, too many consumers became comfortable in the "minimum payment option" and quickly found they owed more than they had borrowed. Had they converted to a more accelerated payment schedule the negatives would have been "washed" by payments that covered more than principal and interest.

In addition, too many loan representatives did not do a thorough job of explaining the pitfalls of "staying minimum" for a significant period of time.

Let's remember that three of the four payment options of the option ARM did not render negative amortization, yet the program got absolutely hammered because it dangled the carrot of low monthly payments to consumers. The menu:

• Minimum Payment: Very low payment that leaves you more cash during lean months. However, the payment amount was not enough to cover the interest portion of the loan. The difference would be added to your original loan amount.

• Interest-Only Payment: Payment still is low, yet you pay only the interest portion and any deferred interest that may have accrued. While you do not reduce the original loan amount, you do not "go backwards" or owe more than you borrowed.

• Regular Payment: This is a common, 30-year, fixed-rate loan payment. When you choose this option, you pay all the interest and principal needed to pay off your loan on time.

• Accelerated Payment: This schedule would pay off your loan after 15 years. The payment is higher, yet you save substantial interest dollars while gaining equity faster.

More than 15 years ago, WaMu was the first local lender to introduce a program that blended installment debt and a home mortgage secured by a first deed of trust. Like all programs, "Buyer's Choice" had pluses and minuses. The good news was that it was a genuine attempt to wrap credit-card, high-interest debt into the lower rates brought by first mortgages. The problem was that it confused not only consumers, but also the loan officers trying to explain it. It evolved into Mortgage Plus.

The option ARM was more flexible and useful. It was available for homeowners and investors, but some loan officers -- many of them loan brokers not affiliated with WaMu -- still didn't get it or want to spend the time to explain it.

That's why I was thankful for the upfront conversation about our loan more than a decade ago. I was advised of the consequences of minimum payments and steered clear of them unless absolutely necessary. Other borrowers did not make that choice, but they did have other options.

To get even more valuable advice from Tom, visit his Second Home Center.

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How do you turn 17,000 acres, 5,000 acres or even 300 acres into a single community that works?

By thinking about what kinds of infrastructure, amenities, recreation and vocational opportunities will attract residents to the area over the long haul, community planners and developers say.

"We try to understand what [and who] that user is and that's not easy to do," notes Robert Folzenlogen, director of planning and design for Alliance Hillwood Properties. The company is currently developing Alliance Town Center, a 1,000-acre piece of a 17,000-acre parcel outside of Dallas, Texas.

When thinking about the Alliance Town Center and who will use it, Folzenlogen is thinking about five or six different types of users, including individuals, young married couples, families with children, and empty-nesters.

"You're probably thinking about five or six different users" in different stages of life, he explains. "They'll need health services, education, entertainment, daily services. We look at what they need for medical, emergency care, a lifestyle that supports healthy living, with fitness centers, for example, emergency and acute care, assisted active living, and assisted living and retirement."

Sam Colgan, president of Pulte Homes' Phoenix west valley division, says that planning a senior community means looking at two things: "function and value in an integrated design that would facilitate their participation in the lifestyle of the community."

But to create a community with longevity, Colgan says that the design has to feed the wants of today and tomorrow. "We have to understand the consumer, and not just replicate what we've done before," he says.

Colgan says that Del Webb's Sun City communities have been evolving as the consumer has evolved. "They're living longer, smarter and healthier lifestyles, so we offer a lot of staged amenities. We engage the current population of the community and ask what we could provide differently. We try to keep function spaces as flexible as possible. We even get them involved in focus groups. This helps in smaller communities and even larger communities," he explains.

"Our customer is really different. They want a community. It's not just all about the house," notes Robert McLeod, CEO of San Diego-based Newland Homes. "They could probably find the same house from the same builder two miles up the road in a standard subdivision and it would be cheaper. Our customer is really looking for that 'tranquil, peaceful environment where I can hang out with my friends' place."

One way developers build community is by creating infrastructure that keeps people together, like community centers, swimming pools, workout facilities, and multifunction rooms that can be put together for big parties and celebrations.

But developers are also building community by adding connectivity. Newland Homes and Del Webb build intranets into their communities, which allow residents to do everything from search the Internet to sign up for volunteer opportunities in the neighborhood.

"We have a community intranet. In San Diego, at the 4S Ranch, they're able to talk, blog, see the calendars for schools. They can see what's happening there [in the community] that comes up," McLeod explains. "Seventy percent of the people go online once a day to see what's happening in their community. They really want to connect with their neighbors."

"Our consumer research tells us what consumers want and then we try to land plan for those needs. Should we include ball fields and little league diamonds because this is an area that is heavily saturated with children? Communities aren't cookie-cutter, so we begin from there," McLeod adds.

To create a successful community, developers and planners are trying to tap into the trends they believe their residents will grow into. What are the future trends they see? Next week: What the next generation of communities will look like.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Dear Barry,

I've owned my home for 25 years and have never had a serious plumbing problem. But recently, the toilet has been running off and on for no reason. Several times an hour, the water runs in the tank for about 15 seconds, as though the toilet had just been flushed.

I called one of the big plumbing companies that advertise on TV every day. The plumber arrived in a huge truck, tinkered for half an hour, and then told me the problem was high water pressure. He offered to install a pressure regulator for $3,800. I'm on a fixed income and cannot afford such an expense, so I paid the $58 service charge and sent the man on his way; however, my toilet remains unfixed. What do you think I should do about the toilet, and should I be concerned about the high water pressure? --Diane

Dear Diane,

I was holding my breath until you said that you sent the plumber on his way. Thank goodness. Had you agreed to that $3,800 job, you'd have been badly cheated, and not surprisingly.

Many of the large plumbing companies that advertise on TV have reputations that would make a highwayman blush. Some are particularly known for monumental levels of overcharging, especially when dealing with single women and the elderly.

My grandfather, at age 85, was scammed by one of these sting artists. The TV plumber he called removed all of the drain piping from beneath the house, rendering the plumbing system inoperative. Grandpa was told that the pipes were shot and must be replaced immediately. He didn't know where to turn, so he paid the $5,000 extortion fee to restore the habitability of his home.

Fortunately, your situation was not that serious. The problem with your toilet is common and simple. You have a leaking flapper in the tank. The flapper is the rubber stopper that holds back the water until you flush. When you press the tank handle, the flapper lifts, allowing the water to run into the toilet bowl and sending the effluent to the sewer. When a flapper leaks, the water in the tank slowly runs down and the tank valve turns on intermittently to restore the water level. That's why your toilet runs every so often. Any neighborhood plumber or handyman can replace the flapper for a nominal charge. Don't let anyone tell you otherwise.

As for the water pressure, the plumbing code limits residential pressure to 80 psi (pounds per square inch). Excess pressure can cause leaks at water supply connections, but it can't make a toilet flapper leak. And contrary to what the scam plumber told you, a new regulator is not a major expense. A reputable plumber can install a regulator for between $200 and $300. But before you do this, have the pressure checked to be sure that it is really over 80 psi. Don't let anyone charge you more. And whatever you do, don't call anymore TV plumbers.

To write to Barry Stone, please visit him on the Web at www.housedetective.com.

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Q: My friend wants to buy a house in a very upscale area of Washington, D.C. The asking price is $1.5 million. I advised her against buying the home because of significant repairs that need to be made.

For example, the house needs a new roof, an upgrade to the electrical system and repairs to the foundation of the home (where water leaks into the lower level), among other repairs.

These are bad enough, but there is a larger problem that threatens the very foundation of the home. The home is built on a hill that has a very steep slope in the rear of the home. During the last month or so the slope has suffered tremendous and significant erosion due to, I think, a lot of recent rain and water runoff. The area affected is about 20 feet by 40 feet and is approximately 30 to 40 feet from the rear foundation of the home. Some might describe this erosion as a "sink hole" if it were on a street.

Because of this erosion, I advised my friend against purchasing the property. The area is very hilly and difficult to get to with the type equipment needed to shore up with some kind supporting system. Because of the inaccessibility of the area, it will likely cost a lot more to fix the issue.

The seller has reduced the price by $100,000 to mitigate the situation. However, I wonder if the sale price was artificially set at the current price in order to give the seller the option to discount or negotiate with a prospective buyer.

What do you think my friend should do? Thank you for any advice that you may want to share.

A: The easy way to find out if the seller had arbitrarily raised the price is to have the buyer's agent prepare a comprehensive survey of homes that are similar that have sold in the past few months in the neighborhood. That will tell you if the house is fairly priced at $1.5 million or should actually be priced a lot lower.

But I agree with you that your friend should explore more fully the ramifications of the erosion and what, if anything, can be done to protect the property against further erosion. To that end, she may need to find either a landscape contractor with extensive experience in shoring up eroding land or perhaps a structural engineer who can tell her how the property can be shored up.

Whether the fix will cost $100,000 or $1 million, I don't know. But until your friend does know the answer to these and other questions, she would be foolish to make an offer on the property.

Q: I work for the United States Department of Agriculture in California. Your recent article on USDA home loans needs more clarification. The article spoke only of guaranteed loans, which are similar to VA loans. But the Rural Development [division] also has a 100 percent direct loan program that can be accessed at hundreds of local Rural Development offices.

This is a deep subsidy program with assisted rates as low as 1 percent. The maximum note today would be 5.375 percent, forever. Go to rurdev.usda.gov.

A: Thanks for the update. These are mortgage programs for people who do not live in major metropolitan areas. See the Web site for more details, or call your local USDA Rural Development office.

Q: In a townhouse community (where units are owned as condominiums), does a community pool automatically raise the sales price of individual units?

A: That's a great question, but there's no easy answer. That's because adding a significant community improvement like a pool, work-out facility, or other freestanding structure has significant upfront and then ongoing costs that will add something to everyone's monthly maintenance fee.

If the condo association takes on debt to pay for a $150,000 to $200,000 pool with beautiful landscaping surrounding it, outdoor furniture and a restroom, paying off that debt can involve instituting a special assessment or simply raising ongoing monthly maintenance costs.

While having an amenity like a pool might make the community more attractive to other buyers, and thus raise prices somewhat (or hold them steady in a falling market), some buyers will be unable to afford the special assessment or an increased assessment.

The question you have to ask is this: Will the benefits of building the pool more than offset the costs of installing and maintaining it down the line? If yours is the only community that doesn't have a pool, you probably have to build one just to compete. If yours will be the only community to have a beautiful pool, then it will likely raise the value of the property, even if it is only a little.

I hope this helps.

To get even more valuable advice from Ilyce, visit her Personal Finance and Real Estate Center.

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Last year, before the subprime crisis hit, a home buyer was on the verge of purchasing his first home. His mortgage broker told him that qualifying for a mortgage would not be a problem.

After reviewing the numbers of an attractive teaser-rate adjustable, the buyer had second thoughts. He called a knowledgeable friend and asked her to review the loan documents with him. After fully understanding how much the loan would ultimately cost, he decided not to go through with the sale.

In the residential real estate business, a red flag refers to a condition affecting a property that might be a material fact that needs further investigation. A material fact is something that would affect the buyers' decision to buy or the price they would be willing to pay. For example, a hole in the roof is a red flag that the roof might need replacing.

Although red flag is a concept commonly associated with the physical aspects of a property, it's a valuable notion for home buyers to keep in mind throughout all aspects for their home search and purchase. If more buyers had raised questions about the mortgages they took out during the past several years when lending practices were lax, there would be fewer foreclosures today.

HOUSE HUNTING TIP: Home buying is an exciting experience. It can also be stressful. To ensure a satisfying home-buying experience, resolve to stay actively involved in the process. Commit to being hypervigilant. Watch out for red flags and investigate anything questionable.

Working with an excellent real estate agent will increase your confidence level. However, your agent acts on your behalf and should not make decisions for you. Always remember that you are in the driver's seat. This applies to sellers as well.

Make sure that you work with quality professionals in your area. If your real estate agent or mortgage person doesn't return your calls promptly, this could be a red flag this relationship won't work well for you. Likewise, if your agent keeps showing you properties that don't match your criteria, you could be in for a frustrating and time-consuming experience.

If you get conflicting information about a property, this could also be a red flag. It might indicate carelessness. Or, it could mean that someone is concealing a material fact. Follow through and find out answers to all your questions. There are no stupid questions when it comes to buying and selling real estate.

It's a red flag if an inspector you hire to inspect the house you're buying tells you that he already inspected the property for the seller, but you were never given a copy of the report.

Don't make any assumptions without following through to verify that they are accurate. For instance, if there's a downstairs living area with a second kitchen, don't assume you can rent it to a tenant even if the seller has in the past.

If the property is located in a neighborhood zoned for single-family residences only, renting the downstairs might be a zoning violation. If you're counting on income from the lower living area, you could find yourself in a house you can't afford if the zoning regulations are enforced.

Don't overlook upcoming changes in the neighborhood. For example, the seller should, but might not, tell you that a school is going to be built across the street. If you're sensitive to noise, this could become a problem for you. Vacant land close to the property is a red flag.

THE CLOSING: Find out what will be built there before making a final decision.

Dian Hymer is author of "House Hunting, The Take-Along Workbook for Home Buyers" and "Starting Out, The Complete Home Buyer's Guide," Chronicle Books.

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(This is Part 1 of a three-part series.)

Since its last effort to reform market practices was defeated by the industry in 2002, HUD has been promising to come back with some less ambitious, but hopefully more acceptable, proposals. They finally did, in March of this year.

The proposals have three major thrusts: one is to convert the good faith estimate of fees and charges (henceforth GFE) into a document that borrowers can use to shop alternative loan providers (henceforth LPs). That is the subject of this article. The second thrust is to protect borrowers against various types of opportunistic pricing that the current GFE facilitates. The third thrust is to make mortgage broker pricing transparent, which the current GFE does not.

The current GFE does not have the critical summary information on loan features that borrowers need to shop effectively. In addition, the fees and charges shown on the GFE are not totaled in meaningful ways and can change behind the borrower's back. Even if the information was complete and dependable, furthermore, the borrower doesn't get it until after submitting a loan application, which is too late to be useful in shopping.

For the GFE to become an effective shopping tool, it must 1) provide borrowers with critical information about the features and prices of the borrower's desired loan; 2) limit the right of LPs to change the fees and charges shown on the GFE; and 3) require LPs to view issuance of the GFE as a loan approval, subject only to verification of the information provided by the borrower. The proposed GFE does all this.

The information on the proposed GFE includes the interest rate, total lender charges and total third-party charges, which are sufficient to shop effectively for fixed-rate mortgages. On adjustable-rate mortgages, HUD plans to require additional information on the factors that affect future rate adjustments, and is seeking comments on how best to do this.

The fees and charges contained in the proposed GFE no longer depend entirely on the "good faith" of the LP. Changes between the numbers shown on the GFE and those contained in the HUD-1 final closing document will be limited, as discussed next week.

The new GFE is also a conditional loan approval (my term, not HUD's) based on six pieces of information provided by the borrower: name, Social Security number, property address, gross monthly income, loan amount and house value. HUD envisages borrowers seeking GFEs from multiple LPs, making a selection from among them, and then submitting a loan application. The application provides the much more detailed information required by lenders, but it cannot be rejected unless the new information is materially different from that submitted in applying for the GFE. The burden of proof is on the LP.

One loose end I see in this procedure is verification of the borrower's income. If the borrower cannot verify the income stated on the GFE application, the lender must be allowed to reject the application without becoming vulnerable to legal challenge. The best way to deal with this is to add a seventh item to the list required for the GFE. "Will you verify income?" If the borrower says "no," the LP can set the higher price of a "stated income" loan, and if the borrower says "yes," it is clear that the burden of proof shifts to the borrower.

The proposed GFE does not protect the borrower against the practice of "lowballing" -- offering a low quote to get the business, then raising it later when the borrower locks the price. The very first item on the new GFE reads, "The interest rate for this GFE is available until …" followed by a blank space where the LP will place a date. In practice, that date will always be the current day, because in a volatile market no LP will ever commit to tomorrow's price.

HUD's aborted 2002 proposals included a rate-indexing provision for dealing with this problem, but this time they totally ignore it. While price volatility is not a problem that can be solved by regulation, borrowers should be placed on notice that the problem exists. HUD views the new GFE partly as an educational document, yet they leave the borrower wholly in the dark on this critical issue.

In addition to warning borrowers about this problem, HUD should encourage them to ask the LP how a new price will be determined after the borrower submits a loan application and looks to lock the price. When LPs realize that their answer to this question may well affect whether or not they get the loan, they will come up with their own solutions. One is to index their price quotes to the daily series on wholesale prices shown on my Web site.

Next week: Protecting borrowers against opportunistic pricing.

The writer is professor of finance emeritus at the Wharton School of the University of Pennsylvania. Comments and questions can be left at www.mtgprofessor.com.

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DEAR BENNY: We contracted with a well-known Realtor to sell our home. After the fully executed sales contract was signed, we asked the agent to remove the lawn sign, which we found embarrassing and distasteful. She refused. Additionally, she sent a mass mailing with our home address, which contained interior pictures, describing her great success in selling the home. This mass mailing was sent despite our still living in the home. What can be done to prevent these Realtors who behave as if the property belongs to them? --M.

DEAR M.: When you decided to use this agent to assist you in the sale of your house, you signed a document known as a "listing agreement." Go back and read it carefully. Did it contain any language authorizing the activities of your agent? If it did, then your agent may have the legal right to do what she is doing.

I would immediately contact the manager of the real estate company where the agent works. Discuss your concerns and tell the manager that you are not happy and want these activities to be stopped immediately. If your agent does not have a manager, then I would contact the real estate commission in your state and file a complaint.

On the other hand, if the listing agreement does not give the agent the authority to keep the sign on your lawn or to use your house for her promotional purposes, I would immediately advise the agent that you will have no alternative but to seek a court restraining order against her if she does not immediately cease her conduct.

I suspect that it is tempting to just take down the sign, but I cannot recommend this. The sign belongs to the agent (or her company) and I don't want you to be accused of doing anything wrong.

DEAR BENNY: We signed a purchase and sales contract with a 90-day contingency on selling our townhouse. Because of this contingency, the closing date was listed as "to be determined" (TBD). We sold our townhouse within 90 days and in trying to set up a closing date on our new home found out that the woman doesn't want to sell anymore. She is afraid that she "might lose her job this year." She claims to have consulted an attorney and found out that our contract is not valid because it has no closing date. We have not seen proof that she really consulted an attorney. We are livid at our real estate agent for putting us in this position in the first place. We want this house. It's an architectural dream -- a one-of-a-kind for us picky buyers. Thoughts? --Michelle

DEAR MICHELLE: Whether or not your seller consulted an attorney, you should do so immediately.

You advise that there was a contingency in your contract for you to sell your own house within 90 days. And you did sell within that time limit. Did you or your real estate agent formally remove the contingency by advising the seller or her agent in writing before the 90 days elapsed? This will be a critical fact that your attorney will have to analyze.

When you sign a real estate contract, whether you are a buyer or seller, you must fully understand all of the terms and conditions of that legal document. I always recommend that you prepare a timeline, indicating all important dates, such as when the home inspection will take place, when the financing contingency expires, and when settlement (escrow) occurs.

What remedy do you have? The strongest position you can take is to file a lawsuit immediately against your seller asking the court to grant you specific performance. That means that if the judge agrees with your legal position, a court order will be issued requiring the seller to sell her house to you.

Legal fees can be expensive, so you should read your contract to determine if the losing party will have to pay your lawyer's bill. We follow what is known as the "American Rule" on legal fees. Each side pays his or her lawyer, unless there is a provision in the sales contract authorizing the prevailing party to be reimbursed those fees.

DEAR BENNY: About six months ago we refinanced out home. We have gotten solicitations from the mortgage lender asking us to sign up for their mortgage protection program. The program offers to pay off our loan upon death, or make payments upon disability or unemployment. This sounds too good to be true. What is your experience with these programs? Are they a scam? --Lisa

DEAR LISA: No, they are not a scam, but in my opinion, a complete waste of money. The insurance premiums are based on the initial amount of the loan, and will remain the same even though you are slowing reducing your outstanding debt.

If you feel you want this kind of insurance, talk to a legitimate insurance agent and discuss all of these issues, ranging from disability to death benefits. Keep in mind that should you die before the loan is paid in full, it is highly possible that the surviving spouse will not want to remain in the house, and will sell it as soon as possible.

And even if the house will not be sold, presumably there will be enough life insurance to cover the monthly mortgage payments.

DEAR BENNY: A wife wants to prepare a will leaving her home (now she is the only one on title) to her two children and not to her husband. Her current husband has four children from the first marriage and she wants to avoid them taking over her house if something happens to her. Can she legally prepare a will on which she leaves the house only to her two children, or does the husband have a right to half the house even if she does not put him on the will? --Luisell

DEAR LUISELL: I wish that I could answer every question specifically, but the laws differ from state to state. You really should consult a local attorney for answers to your question.

You definitely should have a will prepared, whereby on your death, your house will go to your two children. If they are not of the age of majority (that also is different in the various states) you may want to put the house in trust, until your youngest child reaches a certain age. That could be 21, 25 or even 30; it's your decision.

In some states, a husband does have the right to "claim against the will," but your lawyer may be able to assist you so that it will not happen and your children will be able to inherit your entire property.

DEAR BENNY: In 2007 I sold a home and paid a hefty real estate transfer tax. My tax preparer told me that I could not deduct this tax from my gross income. This doesn't make sense to me, as every other tax I pay (sales tax, property tax, state income tax) is deductible.

Is my tax preparer correct? If not, can you give the citation for the law or IRS rule that allows me to deduct the real estate transfer tax? --Bay

DEAR BAY: Yes, she is correct. In many states, when you buy or sell real estate, the state (and often the county where the property is located) will impose a recordation and transfer tax. This is a convenient way for governments to raise revenues.

As you suggest, these taxes can be quite steep. I always advise consumers -- whether they are buyers or sellers -- to use these taxes in their negotiations over the purchase and sales price. Just because local custom dictates that one party must pay both taxes (or that the taxes are split between buyer and seller) does not mean that it has to be that way. Everything, including who pays the recordation and transfer taxes, is negotiable in real estate.

Unfortunately, you cannot deduct these taxes when you file your income tax return. However, when you sell your house, the amount you paid for these taxes can be added to your tax basis. Let's say you bought the house for $100,000 and paid $2,500 for the recondition tax. You sold the house for $150,000. Ignoring for this discussion other deductions (such as closing costs and real estate commissions), your profit is $47,500 ($150,000 - $102,500).

If you have owned and lived in the house for two years out of the five before it is sold, this becomes an academic mathematical exercise, because you can exclude up to $250,000 of the profit you have made (up to $500,000 if you are married and file a joint tax return).

But for investment properties -- and for those who have been fortunate to make a profit that exceeds the exclusion -- every dollar that you can add to your tax basis will save you 15 cents on your federal tax return. It will also be a savings if you have to pay state taxes.

Benny L. Kass is a practicing attorney in Washington, D.C., and Maryland. No legal relationship is created by this column. Questions for this column can be submitted to benny@inman.com.

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