Archive for the ‘Real Estate’ Category
Denice Gierach asked:
As published in the Naperville Sun
By Denice Gierach
September 28, 2008
Now that autumn has officially arrived, many people have spent fond memories of visits with their family in a vacation property. Perhaps you own a vacation property in Michigan along the water or at Eagle Ridge in Galena on the golf course. Wherever the property is located, one important question is how to keep the vacation home in the family after you have passed on.
All vacation homes require maintenance from painting, sealcoating decks, replacing HVAC units, replacing roofs and on and on. If you have a number of children, how will they determine who will pay for these items? How will they decide which child can use the residence and when? Can your family even agree on decisions of this nature once you are gone?
One of the first things to do is to talk with your adult children about whether they wish to have the vacation home stay in the family. Many times you may assume that the children who enjoy the use of the home while you are there will want the responsibility of maintaining the residence and paying the real estate taxes and other expenses on the property. This may be an incorrect assumption, as your children may be raising their own children and have inadequate time or resources to even use the vacation residence. You may be surprised with the answers that you receive from your family.
If you find that your children do not want to keep the house in the family, you may wish to sell the property when the real estate market improves. If, however, you find that your children really enjoy the property and intend to use it with their families, then there are choices of what to do with the property. For instance, you can transfer your interest into a limited liability company, which will protect your family from a lawsuit if someone slips and falls on that property. It may also provide some level of asset protection.
If you decide to use the limited liability company, you should have rules in the form of an operating agreement that will indicate how decisions will be made with respect to the property, what to do in the event that the property requires maintenance, when additional funds may be needed for the property, when the property should be sold, who will be the manager of the property, to name a few. These are all important decisions that will hopefully keep the family from disputes when you are no longer around to settle them.
In addition, to include your family in the limited liability company, you will need to make gifts of part of your interest in such company over time. Under current tax law, you may make gifts of $12,000 per person per year ($24,000 if your spouse joins in the gift) before using some of your lifetime exemption amount. You will need to consult with your tax professional or estate planning attorney to decide what is appropriate in the way of a gift to your family members.
There are a number of other ways to handle the transfer of the vacation residence to the next generation and keep it in the family, such as a qualified personal residence trust, a cost-sharing arrangement or a partnership. Whatever way you may choose, it is best for you to be the one making the decision during your lifetime to minimize friction among your children about the use and care of this vacation residence.
Gordon Pando
As published in the Naperville Sun
By Denice Gierach
September 28, 2008
Now that autumn has officially arrived, many people have spent fond memories of visits with their family in a vacation property. Perhaps you own a vacation property in Michigan along the water or at Eagle Ridge in Galena on the golf course. Wherever the property is located, one important question is how to keep the vacation home in the family after you have passed on.
All vacation homes require maintenance from painting, sealcoating decks, replacing HVAC units, replacing roofs and on and on. If you have a number of children, how will they determine who will pay for these items? How will they decide which child can use the residence and when? Can your family even agree on decisions of this nature once you are gone?
One of the first things to do is to talk with your adult children about whether they wish to have the vacation home stay in the family. Many times you may assume that the children who enjoy the use of the home while you are there will want the responsibility of maintaining the residence and paying the real estate taxes and other expenses on the property. This may be an incorrect assumption, as your children may be raising their own children and have inadequate time or resources to even use the vacation residence. You may be surprised with the answers that you receive from your family.
If you find that your children do not want to keep the house in the family, you may wish to sell the property when the real estate market improves. If, however, you find that your children really enjoy the property and intend to use it with their families, then there are choices of what to do with the property. For instance, you can transfer your interest into a limited liability company, which will protect your family from a lawsuit if someone slips and falls on that property. It may also provide some level of asset protection.
If you decide to use the limited liability company, you should have rules in the form of an operating agreement that will indicate how decisions will be made with respect to the property, what to do in the event that the property requires maintenance, when additional funds may be needed for the property, when the property should be sold, who will be the manager of the property, to name a few. These are all important decisions that will hopefully keep the family from disputes when you are no longer around to settle them.
In addition, to include your family in the limited liability company, you will need to make gifts of part of your interest in such company over time. Under current tax law, you may make gifts of $12,000 per person per year ($24,000 if your spouse joins in the gift) before using some of your lifetime exemption amount. You will need to consult with your tax professional or estate planning attorney to decide what is appropriate in the way of a gift to your family members.
There are a number of other ways to handle the transfer of the vacation residence to the next generation and keep it in the family, such as a qualified personal residence trust, a cost-sharing arrangement or a partnership. Whatever way you may choose, it is best for you to be the one making the decision during your lifetime to minimize friction among your children about the use and care of this vacation residence.
Gordon Pando
Trevor Price asked:
Estate planning and trusts are all about planning, not only for your own future, but also the financial well-being of your family and loved ones after you’re gone. However, the reality of life can often get in the way of a smooth transition – divorce, second marriages, step kids, long-term illness and other family changes make life and estate planning sometimes a little unpredictable.
Remember, protecting your wealth and the financial well-being of your family is about a lot more than simply splitting up your assets – it’s about providing for your family members in a way that’s responsible and speaks in detail to your situation. To learn more about how trusts can help you do that, read on.
Trusts are for Everyone
Many people make the assumption that estate planning and trusts are the domain of the incredibly rich or people looking to lower their inheritance tax. However, in the real world, that isn’t accurate.
A trust is an incredibly versatile estate planning tool that allows you to address inheritance goals for your heirs – who may still be children, are disabled, are from a mixed family or answer difficult questions like who will manage your trust if you become incapacitated (a living trust).
How to Set Up a Trust
Setting up a trust will involve the assistance and services of an estate planning attorney. By consulting a legal professional, this person can help you create a trust that speaks to your specific family needs. For these services, you’ll likely pay between $1500 to $5000. Some trust costs are based on a percentage of the total estate value.
Setting up Trusts for Children
Typically, when a child inherits, the money is placed in a custodial bank account and held until he or she turns 18 or 21. Of course, giving a young person access to a large amount of money at the age of 18, or even 21, can be both dangerous and detrimental to their long-term financial health if they lack maturity or sufficient financial wisdom.
Instead, a well-set-up trust for minors will not only hold the assets until the child comes of age, but it also allows you to stipulate at what age they may receive the funds, whether those funds will be given at once or in installments and how the inheritance can be used. For example, many people stipulate that trust funds must be used for expenses associated with education until the child turns 25.
Trusts for People with Special Needs
If you are caring for a child or a dependent with special needs (mental or physical) whom you expect to outlive you, then setting up an inheritance trust should be a critical part of your estate planning. It’s also important to ensure the trust is not set up as an income source as this can interfere with Social Security and Medicaid benefits.
Instead, a special-needs trust will protect your heir’s eligibility for financial assistance, but continue to provide support. It will also legally protect the inheritance from potential squandering or mismanagement.
In short, estate planning and trusts can help address a number of familial issues, but don’t ignore your own inevitable mortality and leave such planning until it’s too late.
Regena Gerdes
Estate planning and trusts are all about planning, not only for your own future, but also the financial well-being of your family and loved ones after you’re gone. However, the reality of life can often get in the way of a smooth transition – divorce, second marriages, step kids, long-term illness and other family changes make life and estate planning sometimes a little unpredictable.
Remember, protecting your wealth and the financial well-being of your family is about a lot more than simply splitting up your assets – it’s about providing for your family members in a way that’s responsible and speaks in detail to your situation. To learn more about how trusts can help you do that, read on.
Trusts are for Everyone
Many people make the assumption that estate planning and trusts are the domain of the incredibly rich or people looking to lower their inheritance tax. However, in the real world, that isn’t accurate.
A trust is an incredibly versatile estate planning tool that allows you to address inheritance goals for your heirs – who may still be children, are disabled, are from a mixed family or answer difficult questions like who will manage your trust if you become incapacitated (a living trust).
How to Set Up a Trust
Setting up a trust will involve the assistance and services of an estate planning attorney. By consulting a legal professional, this person can help you create a trust that speaks to your specific family needs. For these services, you’ll likely pay between $1500 to $5000. Some trust costs are based on a percentage of the total estate value.
Setting up Trusts for Children
Typically, when a child inherits, the money is placed in a custodial bank account and held until he or she turns 18 or 21. Of course, giving a young person access to a large amount of money at the age of 18, or even 21, can be both dangerous and detrimental to their long-term financial health if they lack maturity or sufficient financial wisdom.
Instead, a well-set-up trust for minors will not only hold the assets until the child comes of age, but it also allows you to stipulate at what age they may receive the funds, whether those funds will be given at once or in installments and how the inheritance can be used. For example, many people stipulate that trust funds must be used for expenses associated with education until the child turns 25.
Trusts for People with Special Needs
If you are caring for a child or a dependent with special needs (mental or physical) whom you expect to outlive you, then setting up an inheritance trust should be a critical part of your estate planning. It’s also important to ensure the trust is not set up as an income source as this can interfere with Social Security and Medicaid benefits.
Instead, a special-needs trust will protect your heir’s eligibility for financial assistance, but continue to provide support. It will also legally protect the inheritance from potential squandering or mismanagement.
In short, estate planning and trusts can help address a number of familial issues, but don’t ignore your own inevitable mortality and leave such planning until it’s too late.
Regena Gerdes