Tim is teaching a free seminar/CLE on "What You Should Do When a Parent or Loved One Dies." The seminar will be held on Wednesday, February 28, 2018 from 9 – 10 AM at Tim's office, 2140 – 4th Avenue, Anoka Minnesota 55303.

From the event description:

In this free seminar/CLE, we will discuss the difficult topic of what you should do when a parent or other loved one dies. We will discuss what needs to be handled immediately, what you need to do in the first few weeks, and the first few months after a parent's death. This seminar is geared toward adult children of aging parents, attorneys to represent them and do not regularly practice probate law, and anyone else who is interested in learning more about this topic.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. For more information or to register, please visit:

​https://www.eventbrite.com/e/what-should-you-do-when-a-parent-or-loved-one-dies-tickets-42805006928

​Thanks!

I am often asked to answer the question, "Do You Need to Probate a Will?" Simply put, probate is the legal process for a personal representative to carry out the decedent's wishes as expressed in the decedent's Will. Basically, through the probate process, the personal representative is getting a judge to order how the assets of the estate – the property that the decedent leaves behind – is distributed.

When a loved one dies, the survivors often wonder if the property that the decedent left behind needs to go through probate.  The answer depends on what sort of property needs to be transferred, and how it is titled.  Property can be either probate or nonprobate in nature. Probate assets require a judge to order that ownership of the property be transferred from the decedent to someone else. Nonprobate assets are automatically transferred from the decedent to someone else when the decedent dies.

That is a fairly technical definition, and an example or two will be worth 1000 words. A probate asset would be something that is titled exclusively in the decedent's name, and does not have a beneficiary designation or another method of transferring ownership when the decedent dies.

For example, if the decedent owns a car outright, and no one else is listed on the title, that would be an example of a probate asset – you will need a judge to order that ownership of the motor vehicle be transferred from the decedent to someone else. Another example of a probate asset might be if a decedent owned real estate and was the only person on the title – and a TODD or another method of automatically transferring the title had not been recorded. Still another example of a probate asset might be life insurance or an IRA without a beneficiary designation.

Still, there are other methods besides starting a probate to transfer ownership of an asset from the decedent to someone else. You might fill out a form at the DMV to transfer title for a motor vehicle, or prepare an Affidavit of Collection of Personal Property.​  Your best bet is to consult with an attorney about your options for transferring ownership.

Estate planning is what you do now, while you are still alive, to avoid or at least minimize the necessity of probate to transfer ownership of your property. An attorney can help you with your estate planning, and make sure that what you want to happen with your property actually happens.​

​The best way to determine if you need to prorate a will is to call a probate attorney.. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $295, and that amount is credited to your account when you retained me to represent you in probating a Will..

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

Tim is teaching a free seminar on what every landlord needs to know about evictions, security deposits, abandoned tenant property, and landlord-tenant law. The seminar will be held on Thursday, May 18, 2017 from noon – 1 PM at Tim's office, 2140 4th Avenue North, Anoka Minnesota 55303.

This seminar is intended for landlords, property managers, attorneys who represent them, and anyone interested in knowing more about landlord-tenant law. From the event description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.  ATTORNEYS: One standard CLE credit has been applied for.

For more information and to register, please visit:

https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-34323536622

​Thanks!

Tim is teaching a FREE seminar/CLE on evictions and landlord-tenant law. The seminar is called "What Every Landlord Needs to Know," and and will be held on Thursday, December 15, 2016 at 9 AM at Tim's office, 2140-4th Ave., Anoka, MN 55303

From the course description:

In this FREE seminar, we will cover the legal aspects of the landlord-tenant relationship, including how to handle evictions, security deposits, and tenant property remaining in the premises after the tenant moves out.  This seminar is geared for landlords, property managers, and attorneys who represent them.

ATTORNEYS: One standard CLE credit has been applied for.

Space is limited, so advance registration is required. To register, please visit:

https://www.eventbrite.com/e/what-every-landlord-needs-to-know-about-evictions-security-deposits-abandoned-tenant-property-and-tickets-29863493513

I am often asked what a landlord should do is a tenant dies.  If a tenant dies and was not married, I generally recommend that a landlord bring an eviction action against that tenant by name, and against the estate of that tenant, if only to get the rental unit back. That way, the landlord will have the legal right to rent the unit again and dispose of any personal property remaining there.

In the event of the death of a tenant, the landlord has three primary concerns: what happens to the lease, dealing with the tenant's personal property, and dealing with the security deposit. I will now address each of these concerns in turn.

Lease

What happens to the lease upon the death of a tenant is governed by Minn. Stat. 504B .265. Basically, the lease continues in force, until the landlord or the tenant (or the tenant's estate) provide notice that the lease has terminated.

The statute provides that either the landlord or the tenant can terminate the lease by providing written notice at least 60 days in advance. In other words, the notice must be given at least two full rental periods in advance. For example, notice given sometime in the month of September actually terminates the lease as of the end of November, and the tenant's estate is on the hook for rent from the date of the notice through the end of the lease.

However, the tenant's estate remains liable for unpaid rent and other amounts due and owing under the lease through the date of the lease termination. The landlord still has to deal with the deceased tenant's personal property as well as the security deposit, but can sue the tenant's estate in conciliation court for the amounts due and owing under the lease, including unpaid rent, unpaid utilities, and damages to the rental unit beyond ordinary wear and tear.

Personal Property Belonging to the Deceased Tenant

The landlord has the duty under Minn. Stat. 504B.271 to secure the tenant's property. This can be most easily accomplished by either changing the locks, if the property is going to be stored in the unit, or moving the property to a no other secured location on site, such as a lockable garage.  Once it becomes apparent to the landlord that the tenant has abandoned the property, the landlord has to secure it, as described above. The landlord has to store the property for 28 days if the property is to be stored on site.

After the property is secured, the landlord has to conduct an inventory of the property. The easiest way to do the inventory is to take digital photographs or a video of the property, accompanied by a list describing the specific items. Big-ticket items, such as a television, should be listed separately, but general categories are okay for other items, such as furniture, electronics, clothing, etc.

The landlord has to mail a copy of the inventory to the tenant (or the estate of the tenant at the tenant's last known address), which is probably the apartment. I recommend posting a sign on the door indicating that property appears to be abandoned to the landlord, the landlord has secured the tenant's personal property and that the landlord may be contacted to set up an appointment to provide access.

The landlord should only provide access to the personal property of a deceased tenant to someone who is named as a personal representative in the tenant's will.   If the tenant died intestate – that is, without a will – I would be very cautious about providing access to the property to a person who is not named or has been appointed as a personal representative. After all – the landlord does not want to be liable to the tenant's estate for improperly disposing of the tenant's personal property.

For more information on dealing with a tenant's personal property, please see my previous blog post on the subject:

http://www.balandlaw.com/3/post/2016/02/what-should-a-landlord-do-with-personal-property-that-a-tenant-leaves-behind-when-the-tenant-moves-out.html

Security Deposit

Security deposits in Minnesota are governed by Minn. Stat. 504B .178. The landlord has to return the security deposit to the tenant within 21 days after termination of the tenancy, with interest, less the amount of damages to the landlord beyond ordinary wear and tear.  When a tenant dies, the security deposit becomes the property of the tenant's estate. The landlord should return any deposit remaining, with appropriate interest, to either the named or appointed personal representative or to the estate of the tenant at the tenant's last-known address, which is probably the rental unit.

For more information on dealing with the security deposit, please see my previous blog post on the subject:

http://www.balandlaw.com/3/post/2016/02/how-should-a-landlord-handle-a-tenants-security-deposit-after-the-tenant-moves-out.html

The death of a tenant presents a complicated situation to the landlord, and every landlord-tenant situation is unique. For that reason, I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

I am often asked whether a person needs a trust. The short answer is that most people do not need a trust, but there are certain situations where a trust is a good idea. In other words, you probably do not need a trust unless there is a good reason for you to have a trust.

A few definitions are in order. There are two kinds of trusts: a living trust, which is created during the lifetime of the settlor (the person who creates the trust) through a separate trust document and a testamentary or after-death trust, which is created through the testator's Will.

After the trust is created, the settlor funds the trust by transferring assets and property from the settlor to the trust.  The person who manages the trust is called the trustee. The trustee is responsible for administering the property in the trust in accordance with the settlor's wishes. A living trust can be revocable or irrevocable. In other words, the settlor can revoke or cancel the trust during the settlor's lifetime. If the settlor revokes the trust, the property in the trust goes back to the settlor.

That said, a trust is not an appropriate estate planning vehicle for most people. Unless you have excessive wealth, unique property (I am thinking of Prince's music – both released and unreleased), or a special situation, I trust is probably not appropriate for you and will needlessly complicate your estate plan. However, a trust may be appropriate if you have minor children, have minor or adult children with diminished capacity who cannot handle their own financial affairs, have a lot of property that you want to give to charity, need to reduce your taxable estate, or want to fund your estate with life insurance.

There are other reasons to have a trust, and the best way to determine if a trust is right for you is to meet with an estate planning attorney. However, for most people, an estate plan consisting of a will, a health care directive, and a power of attorney is more appropriate than a trust.

The best way to determine what is right for you is to meet with an estate planning attorney. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $250, and that amount is credited to your account when you retained me to represent you in drafting your Will, healthcare advance directive, power of attorney, and other estate planning documents.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

I am often asked to explain the difference between a Will and an estate plan. The short answer is that a Will determines what happens to your property after you die, and can be an important part of an estate plan. An estate plan, by contrast, includes a Will, and also a healthcare advance directive and a power of attorney, and may include a trust as well. The healthcare advance directive and power of attorney both give somebody else the authority to make health care or financial decisions for you in the event that you are incapacitated.

I generally recommend that all persons have a Will, a healthcare advance directive (sometimes called a "living will"), and a power of attorney. A trust is sometimes appropriate as well, and a trust can be an important part of estate planning. If you own a small business, you may need to consider business succession planning issues as well, to pass the business onto the next generation.

A Will is a very powerful document that allows you to name a personal representative, a guardian for your children, and indicate what you would like to have happen with your property after you die. In addition to planning for what happens to your property after your death, I think that it is also important to appoint someone through a power of attorney and healthcare advance directive to make health care – related decisions for you and manage your financial affairs in the event that you become incapacitated.

The best way to determine what is right for you is to meet with an estate planning attorney. To that end, I invite you to give me a call at 763-450-9494 to discuss your specific situation. Everybody who calls gets a free 5 minute mini telephone consultation. An in person meeting is $250, and that amount is credited to your account when you retained me to represent you in drafting your Will, healthcare advance directive, power of attorney, and other estate planning documents.

WARNING: The information contained in this article does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in the state and federal courts of Minnesota, and the advice that he gives is applicable to that jurisdiction only. Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

I am frequently asked whether a person should have a Will. The short answer is that yes, most people need a Will, especially if the testator (the person making the will) has significant assets and property, and wants to control how his or her property is disputed after death.

If you die intestate, and do not have a Will, the property that you own at the time of your death will pass on to your heirs according to the laws of the state of Minnesota. You may not be happy with the results.

There are many reasons for you to have a Will, but the main reason – at least for me – is control. You get to control who is going to be your personal representative, trustee (if a trust is necessary), guardian for your children, etc. After all, what happens to your property after you die should be your choice – not the choice of the legislature (in its infinite wisdom). Rather, your property should be distributed according to your wishes, and what you want to happen should happen.

With a Will, you can clearly tell your family what you want to happen to your personal property, and minimize confusion in doubt about what should happen. Saying what you want to happen in advance of your death will make it a lot easier for those who come after you, and go a long way towards keeping peace in your family. If you tell your children who should get grandma's chifferobe, your children will not spend time, energy, and money fighting about it.

A Will may also be appropriate if you have unique assets, such as antiques, collections, heirlooms, or a family business, or a unique personal situation, such as a minor child or incapacitated or beneficiaries who have not yet reached the age of majority. With a Will, you can include persons who would not otherwise be heirs, such as stepchildren, friends, and charities, and exclude persons who are hairs under the law and entitled to receive a portion of your estate.

Your needs and whether a Will is right for you depends on your specific situation. You should seek the advice of an attorney before taking action based on this blog post.  To that end, I invite you to give me a call at 763-450-9494 to discuss  your unique situation.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

I am often asked if a landlord should change the locks, lock the tenant out, or otherwise prevent the tenant from gaining access to the rental unit. The short answer is no, unless the tenant has already moved out, returned the keys, and has abandoned personal property.

Locking a tenant out or otherwise preventing the tenant from gaining access to the rental property carries both criminal and civil liability for the landlord.  On the criminal side, a landlord who locks the tenant out is guilty of a misdemeanor and faces a potential sentence of up to 90 days in jail. I do not know of a single landlord who would want to do jail time because of a tenant.

On the civil side, the landlord could be sued for triple damages (or $500, whatever is greater) and reasonable attorneys fees.  In other words, a landlord who locks the tenant out may have to pay for that tenant's hotel bill, if the tenant has to stay in a hotel because the landlord cut off the tenants access to the rental property.

If the tenant has moved out and abandoned personal property in the rental unit, then the landlord has a responsibility to secure that property under Minnesota law. In that case, the landlord might be able to change the locks, as a way of securing the personal property abandoned by the tenant.

However, if there is any doubt that the tenant has moved out and abandoned the property, then I would recommend that the landlord bring an eviction action against the tenant to recover the right of possession to the rental unit. Unless the tenant has relinquished possession by giving the keys to the landlord, the safest course of action would be to evict the tenant to recover the right of possession.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords in conciliation court, but  typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.

I am often asked whether a landlord should sue a former tenant in conciliation court to recover unpaid rent and other amounts due and owing under the lease. Typically, a tenant will be evicted, abandon the lease, or otherwise move out, but owe a lot of money to the landlord for unpaid rent and damages to the property beyond ordinary wear and tear.  The short answer is yes, for the following reasons.

A landlord stands to receive some if not all of the money the landlord is owed if they get a judgment against a former tenant. After all, a judgment that you get in conciliation court will (if you transfer or transcribe the judgment from conciliation court to District Court) show up on the tenants credit report and interfere with the tenants ability to get financing. A judgment is good for 10 years and can be renewed if it is not paid up.

I had one client who was a landlord who always sued tenants in conciliation court, transferred the judgments to District Court, and then got a call about five or six years later from the former tenants – because they could not get a mortgage with the landlord's judgment on their record.

Conciliation court is – in most cases – a lot faster and cheaper than bringing a lawsuit against a former tenant in District Court. The filing fee is a lot less and the landlord does not necessarily have to follow the strict rules of evidence and rules of civil procedure in effect in District Court. Depending on the county you are in, a hearing in conciliation court will be scheduled about three – four months from the date that you file a statement of claim and summons – or complaint – in conciliation court. The only way that District Court would be faster is if the defendant did not respond to your complaint and you proceeded by way of default.

The jurisdictional limit – or the most money that you can sue somebody for – in conciliation court is $15,000. Unless the tenant has done extraordinary damage to the property, that amount should be more than enough to cover the amounts of unpaid rent and other damages.

For all of these reasons, I think that bringing a claim in conciliation court against a former tenant is a viable option for all landlords. If you have a claim against a former tenant that exceeds $15,000, you should probably talk to an attorney to decide if conciliation court or District Court is the better way for you to proceed.

Every landlord – tenant situation is unique, and I recommend that landlords talk to an attorney experienced in evictions and landlord tenant law before taking action based on this blog post.  To that end, I invite landlords to give me a call at 763-450-9494 to discuss their unique situation. I have represented many landlords in conciliation court, but  typically do not represent tenants.

WARNING: The information contained in this blog post does not constitute legal advice and may not be applicable to your situation.  Tim is licensed to practice law only in Minnesota, and the information contained in this blog post may not apply to jurisdictions outside of Minnesota.  Further, reading this blog post does not create an attorney-client relationship between you and Baland Law Office, P.L.L.C.  You should always discuss your situation with an attorney before taking any action based on what you may read in this blog.  To that end, please call (763) 450-9494 to set up an appointment to discuss your situation.