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Three Situations When You Should Buy Property as Tenants in Common
(0) Three Situations When You Should Buy Property as Tenants in Common

The two most common methods of property co-ownership are joint tenancy and tenancy in common. These two forms of co-ownership differ greatly, particularly with respect to disposition of the property. Here are three scenarios in which tenancy in common ownership is recommended.

Sharing a Party Wall Isn't Always a Party
(0) Sharing a Party Wall Isn't Always a Party

A party wall is a common wall that divides two adjoining buildings, units or apartments and shared by the occupants on each side. A party wall usually provides structural support and/or fire protection between the two buildings or units but its maintenance and upkeep can cause rifts between neighbors.

14 Important Questions to Ask Before Buying a Franchise
(0) 14 Important Questions to Ask Before Buying a Franchise
Are you considering buying a franchise? Here is a list of 14 additional questions you should ask a franchisor that are not fully answered by the disclosure document.
Living Together Does Not Constitute Common Law Marriage
(0) Living Together Does Not Constitute Common Law Marriage
Just because you and your significant other have lived together for a few years doesn't mean that you have a marital relationship under the law. Each country - in fact, each state, province and territory - has its own definition of marriage and its own laws and rules governing what does and does not constitute a legal marriage. Simply because you live together doesn't make you married, even if you have children together.
How to Find the Ideal Location for Your Franchise
(0) How to Find the Ideal Location for Your Franchise

What they say about real estate also applies to franchises: Location, location, location! If your business is not sited in a place that will draw customers, your business cannot succeed. So how do you find that most suitable place to open up your business?

What's the Difference Between a Gross Lease and a Net Lease?
(0) What's the Difference Between a Gross Lease and a Net Lease?
When negotiating that business lease, it's vital to know what type of lease your landlord is proposing, because that will determine what your final monthly costs are going to be. By the time you add in the various expenses - maintenance, taxes, common area costs, gas and utilities, etc - you may find that the cost of leasing the space is much too high.
Checking In With Your Employees is Key to Good Human Resource Management
(0) Checking In With Your Employees is Key to Good Human Resource Management
Orientation is a critical aspect of employee retention. Since the orientation process takes time and planning in order to be effective, this article will focus on the next critical aspect, which is following up with new employees.
Is a tenancy at will a lease?
(0) Is a tenancy at will a lease?
A discussion of the difference between a lease and a tenancy at will.
Don't Let Clients Do an End Run Around You
(0) Don't Let Clients Do an End Run Around You

Let's say you're brokering a deal between a client who wants to sell a business and potential buyers who are interested in acquiring just such a business. You arrange for your client to meet several of these buyers to discuss whether a deal is do-able. Later, your client tells you that none of them are really serious and he'd like some time to consider his options.

A couple of months go by, and you find out that he completed the sale of the business to one of the buyers you introduced him to. Not only is it infuriating and unfair to lose your commission in this way, it's unnecessary.

Every broker or agent who acts in an intermediary role in a transaction should have their clients sign a non-circumvention agreement to prevent just such an end run from occurring. There are many scenarios in which a non-circumvention agreement should be considered, for instance:

A non-circumvention agreement is typically conjoined with a confidentiality or non-disclosure agreement (NDA). This enables the parties to protect not only their business leads and contacts that they have worked so hard to establish, but all of the confidential information that they have exchanged with each other. Every NDA should include a non-circumvention clause to prohibit the person receiving the confidential information from circumventing the owner of that information by directly contacting its customers, employees and business contacts.

Image by Keith Johnston from Pixabay

A Transfer on Death Deed Can Avoid Probate on Your Property
(0) A Transfer on Death Deed Can Avoid Probate on Your Property

A growing number of U.S. states have enacted laws that allow a home owner to record a Transfer on Death Deed (also called a beneficiary deed or a TOD) during their lifetime. This form of deed will transfer ownership of their property directly to the beneficiary (grantee) named in the deed when the owner (grantor) dies. This is a low-cost and trouble-free alternative to setting up a living trust in order to keep real estate property out of probate.

Would I still own my property if I file a TOD?

Yes. Because the Transfer on Death Deed does not become effective until the grantor's death, the grantor still owns the property and can deal with it as he or she sees fit, including mortgaging, encumbrancing or selling it, or changing or revoking the TOD. If the property is jointly owned, the last surviving owner can change or revoke the deed as they see fit. The beneficiary has no interest in the property, and therefore no say in what happens to the property, during the grantor's lifetime.

What is the benefit of recording a TOD?

A Transfer on Death Deed keeps your real estate property out of probate after your death, which can reduce probate fees and speed up the process of distributing the estate assets. However, any applicable estate taxes will still be payable.

Do all states allow for recording a TOD?

This is not available in all 50 states. Currently the only states that  allow for recordation of Transfer on Death Deeds or Beneficiary Deeds are: Alaska, Arizona, Arkansas, California, Colorado, District of Columbia, Hawaii, Illinois, Indiana, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, Texas, Virginia, Washington, West Virginia, Wisconsin and Wyoming. Regulations, requirements and limitations differ from state to state, but in general the procedure is very similar. If you own property in any of these states, you can record a Transfer on Death Deed or Beneficiary Deed and reduce the probate costs to your estate after your death. However - as usual - you can't avoid the taxes.

Image by H. Cuthill