[MN] Can one TODD cover multiple properties?
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In Minnesota, when it comes to Transfer on Death Deeds (TODDs), here’s how it works:
1. Can One TODD Cover Multiple Properties?
- Yes, under MN Statute § 507.071(13), one TODD can include multiple legal descriptions for multiple properties as long as:
- The owner of all properties is the same.
- The intended beneficiaries are the same across all properties.
- You can list each property’s legal description within the same deed.
- Example: If you own three properties, all titled solely in your name, and want them to go to the same person(s), you can list all three legal descriptions in one TODD.
2. When You Need Separate TODDs:
- If different beneficiaries are intended for different properties.
- If ownership of the properties is not the same (e.g., one property is jointly owned, another is solely owned).
- Separate TODDs would be required for clarity and legal accuracy.
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If we own multiple properties, should we complete a TODD for each one, or can one TODD cover all of them?
Is there a better form to use for many properties with one owner?
I understand you’re looking to plan for the distribution of multiple properties.
Have you already created Transfer on Death Deeds (TODDs) for any of your properties?
No, we haven’t.
Are all the properties located in the same state, or are they spread out across different states?
Same state.
Is there anything else the lawyer should know before I connect you?
Some of the properties are in my husband’s name, some in both our names, and some in the name of an LLC.
Hello!
I'm Andres Sanchez, a Real Estate Law expert.
It sounds like you have a unique situation with multiple properties.
What state are you in?
Minnesota.
In Minnesota, when it comes to Transfer on Death Deeds (TODDs), here’s how it works:
1. Can One TODD Cover Multiple Properties?
- Yes, under MN Statute § 507.071(13), one TODD can include multiple legal descriptions for multiple properties as long as:
- The owner of all properties is the same.
- The intended beneficiaries are the same across all properties.
- You can list each property’s legal description within the same deed.
- Example: If you own three properties, all titled solely in your name, and want them to go to the same person(s), you can list all three legal descriptions in one TODD.
2. When You Need Separate TODDs:
- If different beneficiaries are intended for different properties.
- If ownership of the properties is not the same (e.g., one property is jointly owned, another is solely owned).
- Separate TODDs would be required for clarity and legal accuracy.
So technically, they could all be on one form because my husband is the sole owner of the LLCs?
And they would all go to the same beneficiaries?
I would just list him as the owner of all of them?
Yes, that’s correct.
Since the ownership is consistent and the beneficiaries are the same, you can list all properties in one TODD.
Thank you!
Does a Power of Attorney cover real estate? If my husband fills out a POA, would the assigned person be able to deal with all the properties without going to probate?
Yes, a properly drafted Durable Power of Attorney can authorize the agent (""attorney-in-fact"") to handle real estate, including:
- Selling property
- Managing property (collecting rent, paying taxes, maintenance, etc.)
- Transferring property
- Signing deeds on behalf of the owner
However, the key is how the POA is written. The POA must explicitly grant authority over real property transactions — either by including broad language like “all real estate transactions” or by listing specific powers."
Perfect, I appreciate your help!
