Residential and Commercial Leases ◊ Residential and Commercial Sales ◊ Litigation
If you are considering entering into a residential or commercial lease or contemplating buying or selling residential or commercial property, you want an experienced lawyer to guide you through the process. Real estate transactions can be complex, involving many detailed documents. You want an attorney with a comprehensive understanding of the laws, procedures and documentation involved, one who has successfully protected the rights of others in similar circumstances.
We bring decades of experience to individuals and businesses throughout the Twin Cities Metro area who need legal advice on real estate matters. We take a results-oriented approach, helping you identify and resolve any potential problems and meet your objectives. We emphasize personal service and attention, working directly with you at all times, and promptly responding to your calls and e-mails.
We offer a free initial consultation to all real estate clients. Contact our office or call us at 651-315-8738 (toll-free at 888-342-2493) to set up an appointment.
Our Real Estate Practice
We handle a broad range of legal issues involving residential and commercial real estate, including:
- The review and preparation of leases. We will represent either side in all matters related to commercial and residential leases, from the preparation and review of documents to landlord-tenant disputes, including eviction proceedings.
- The sale or purchase of real property. We will protect your rights at all stages of the sale or purchase of real estate, from the negotiation of terms to the closing. We will prepare all the documents required to complete your transaction, from the purchase agreement to any deed, mortgage, financing agreement, easement or restrictive covenant required.
- Property agreements. We can help you draft agreement concerning property, including agreements between people who are not legally married or easements.
- Foreclosure proceedings and loan modifications, including short sales. We will help you identify your options when faced with foreclosure and can negotiate directly with your lender to either modify the terms of your loan or get approval for the short sale of your property.
- Mechanic's Liens. We can assist you in filing and foreclosing a mechanic's lien or defending against one being asserted by your contractor.
- Torrens registration and related proceedings, used to prove ownership of real estate. We can handle the registration or subsequent Torrens proceeding or assert a claim you might have in such an action.
- Quiet title actions and boundary line disputes. We can start or defend against any of these actions.
- Other real estate litigation, including partition actions. We can represent you in such actions.
- Guidance in group home land use matters, including setting up such homes under existing zoning ordinances.
No real estate matter is too small for us to handle. We understand that you often need a quick and effective answer to a very specific problem. We can help.
Real Estate FAQs
Commonly Asked Questions about Real Estate
- What is a Transfer on Death Deed?
- How does it work?
- What are the requirements for an effective TODD?
- Can you name more than one beneficiary?
- When would the beneficiaries receive ownership of the property?
- What are some cons of TODDs?
- When are TODDs generally favorable?
What is a Transfer on Death Deed?
Minnesota is one of only twelve states that has passed a law allowing for a non-probate method to leave real estate to one’s heirs. Return to top.
A Transfer on Death Deed (TODD) also known as a beneficiary deed, works just like any other deed or conveyance instrument. The only difference is that it does not take effect until after the death of the last grantor. The grantor means the person who owns the property and is signing the deed. This works the same as if you designate who is to get to place your real estate in a will or trust, except that a TODD does not require a court’s supervision to pass ownership of the property. Return to top.
What are the requirements for an effective TODD?
In order to become valid, a TODD must state the names of the beneficiaries, the legal description of the property being conveyed, and include language that the deed will not become effective until the grantor(s)’s death. Furthermore, the TODD must be signed before a notary public and then recorded in the county where the real property is located. If the grantor is married, their spouse should sign the TODD as well. The TODD has to be recorded before the grantor dies. Return to top.
Can you name more than one beneficiary?
Yes. You can name multiple beneficiaries, along with successor or alternate beneficiaries. Return to top.
When would the beneficiaries receive ownership of the property?
The beneficiaries receive no ownership rights during the lifetime of the grantor owner. Only upon the death of the last grantor owner does ownership transfer to the intended beneficiary. Return to top.
TODDs do not avoid estate tax liability. TODDs also do not protect property from creditors. Any valid liens, mortgages or other security interests attached to the property will come with it when it is conveyed to the beneficiaries. TODDs also do not escape any Medical Assistance claims. Return to top.
When are TODDs generally favorable?
TODDs are particularly useful for persons with small estates that have real property. TODDs can ensure that the property is conveyed to an intended beneficiary free of the probate system. Following the death of the final grantor, the beneficiary simply needs to record with the county where the real estate is located an affidavit of identity and survivorship and a certified copy of the death certificate of the grantor owner. Return to top.
Questions About Real Estate? Contact Tarrant & Liska, P.L.L.C.
For a free initial consultation, contact us or call us at 651-315-8738 (toll-free at 888-342-2493).
Evening and weekend meetings are available upon request. Our offices are located on Grand Avenue, just off Snelling, but we will travel to meet with you, if requested.
Payment plans can be arranged, and Visa and MasterCard are welcome.
