Photo by Jonny Lindner via Pixabay

When you purchase real estate, you need to decide how you want to hold the title. Many closing agents make an assumption, and that assumption may come back to bite you later in life. In most states, you may title real estate in five ways: sole ownership, joint tenancy with the right of survivorship, tenancy in common, tenants by the entirety, and in a living trust. If one of you should pass, you may not be able to avoid probate if the title to your real estate shows that you don’t own full interest in the property.

Methods of Holding Title

The methods of holding title determine whether you are able to avoid probate in many states for your primary residence.

• Sole ownership means that you own the real estate yourself. If you are single, you may have your name listed as the sole owner of the property. If you are married, you may still hold the title as the sole owner, but you would be the only spouse who is liable for the financial burden.

• Joint tenancy with the right of survivorship means that at least two people buy the property and have their names listed on the deed. Each person owns an equal piece of interest in the property. If one person passes, their share goes to the other person. If more than two people are listed, the decedent’s share is divided equally among all of the people listed on the deed. This is the only way that your primary home has a chance to avoid going through the probate process unless you hold the property in a living trust.

• Tenancy in common is used when two people buy a property together. Generally, the two people are not married. Each person owns their share separately from the other. This is where closing agents and attorneys make the mistake of not asking the buyers how they want to be listed on the deed. If you own a property as tenants in common and one person dies, the real estate must go through probate. If you are married and do not want your share to go to your spouse automatically, then you would instruct the closing agent to list the owners as tenants in common.

• Tenants by the entirety is only available in some states. This method of ownership means that both spouses own the property. One cannot sell the property without the agreement of the other. If a creditor is going after one spouse for a debt that is not owned by both parties, the creditor is barred from attaching a lien on the real estate.

The Living Trust

Regardless of how you hold title to real estate with your spouse, if the property is transferred to a living trust, the property then passes to your beneficiary postmortem. The property does not need to go through probate. However, if you use a pour-over will, which means that the property is not in the trust, but automatically transfers to the trust upon your passing, many states require probate before the property changes hands. If you are considering using a living trust, contact a probate attorney to help you set this up so that it is done correctly.

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Taking good pictures of a house up for sale can be challenging, especially when trying to make your home standout against all the other homes on the market. A good picture portrays your home in a great light and tends to make your house look attractive to prospective buyers. Some home sellers hire a professional photographer to take high-resolution pictures; others may opt to take the photos themselves. Whether you're a professional or a novice, utilizing the following tips will help you capture the best photos for your real estate listing:

Use a High-Resolution Camera

Your camera is the most important tool in your arsenal. No matter the technique or angle of the shot, without the resolution-backing power of a high-quality camera your images may fall short. DSLR (Digital Single Lens Reflex) cameras are relatively inexpensive and provide a large range of operating options to suit your photography prowess, no matter what it may be.

Rearrange and Organize

Before beginning your home photo shoot, you may want to make sure the aesthetic is pleasing to the eye. Tidying up a room by putting items away, making sure the surfaces are properly dusted and cleaned, and even rearranging a few things to fit into a geometric space with plenty of negative space (space without any items) may aid in making your home more appealing.

Use Good Lighting

Lighting can often make or break a picture. If you opt to use natural lighting, make sure the weather is favorable to avoid any unwanted flares or shadows. Consider starting your photo shoot in the morning or early evening when the sun is not overbearing but still provides an adequate amount of natural light. This way, your property is not directly under the sun. If you decide to use artificial lighting, look at the colors in your home and decide if you'd like a warmer atmosphere or more radiant one. Soft white light will give your home a more homey feel, whereas bold white lights will highlight everything underneath them.

Stabilize Your Photos

Blurry images distort what prospective buyers see when they look at your house. A way to avoid blurry photos is to use a stand specifically designed for the camera you've opted to use. You may also use a table or steady your arms across a larger piece of furniture, depending on what you're snapping at the time. Many cameras also have a stabilization feature that allows them to remove or minimize the movement of the operator.

Pictures speak thousands of words. Get the right images for your home listing by following these tips or hiring a professional real estate photographer to give your home the best, glowing, visual reference on the market.

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