Vacation property can become a family legacy with proper estate planning. Keeping your cape house, cabin, ski home or other special assets separate for future generations is often a special goal for a family.

Owning a vacation home is a cherished dream for many families, providing a getaway spot filled with memories. But as years pass, ensuring this haven remains a family legacy without becoming a burden can be tricky. Fortunately, with careful estate planning and clear communication, you can keep your vacation property a joy for generations to come.

Create a Legal Entity to Manage the Property

One of the best ways to handle a family vacation home is by setting up a legal entity such as a Family LLC, partnership, or trust. Each option has its nuances, but a Family LLC is often the go-to choice. Here’s why:

1. Operating Agreement: This crucial document outlines who manages the property, how it’s maintained, and resolves conflicts. Typically, it includes a few family members, possibly the parents or grandparents who set up the LLC, and representatives from different family branches.
2. Property and Ownership Rules: Clarify who can use the property and under what conditions. You might include a buy-sell agreement to allow family members to opt out of ownership, define how the property’s value is established, and set rules on transferring ownership.
3. Financial Contributions: Establish how the property’s expenses—like taxes, insurance, and maintenance—will be funded. You could create an endowment within the LLC or a separate trust, ensuring there are funds for ongoing costs. If that’s not sufficient, determine how annual contributions will be made, perhaps based on usage or earnings.

Managing the Property

Managing a shared property is more than just scheduling visits. It requires a formal structure to avoid conflicts and ensure everyone’s interests are respected. Here are some steps to consider:

1. Reserve Lifetime Use: The founders of the LLC or Trust might want to reserve lifetime use of the property.
2. Set Use Rules: Create a fair system for scheduling and using the property to avoid disputes.
3. Update Estate Plans: Ensure the LLC or Trust fits within the broader estate plan, incorporating any wishes to leave funds for the property’s maintenance.

Handling Inherited Property

Inheriting a vacation home brings emotional and financial considerations. It’s essential to understand your options and obligations.

1. Legal Process: The inheritance process involves probate, where a judge validates the will, and an executor handles the estate, including the vacation home. This ensures debts are paid before transferring ownership.
2. Communication: Establish clear communication with the personal representative and co-heirs to decide the property’s future—whether to sell, keep, or rent it out.
3. Get an Appraisal: Knowing the property’s value helps in making informed decisions and understanding tax implications.
4. Evaluate Debts: Check for any liens or debts tied to the property and factor these into your decision-making process.
5. Seek Professional Advice: Consult an experienced estate planning attorney, accountants, and financial advisors to navigate the complexities of inheritance.

Deciding What to Do with the Property

After inheriting a vacation (or other) home, you have several options:

1. Move In: Use the property as a new residence or vacation spot. Be mindful of costs like mortgages, taxes, and repairs.
2. Rent Out: Generate passive income while keeping the home in the family. Coordinate with co-heirs to share rental income and expenses.  This option may also include renting the home out through AirBnB, or Verbo.
3. Sell the Property: This can provide immediate cash to pay off any debts tied to the house, with remaining proceeds distributed among heirs.

Financing the Property

If inheriting the property involves debts, selling isn’t the only solution. Consider these financing options:

1. Mortgage Assumption: Take over the existing mortgage, often at better terms.
2. New or Refinance Mortgage: Obtain a new loan or refinance to transfer the property to your name, especially useful if the property has a reverse mortgage.
3. Cash-Out Refinance: Tap into the home’s equity to cover expenses like buying out co-heirs or making necessary repairs.
4. Investment Property Loan: If renting the property, consider this mortgage type to fund your investment.

Conclusion

Keeping a vacation home in the family is a dream that requires careful planning and clear agreements. By creating a legal entity, setting clear rules, and understanding your options upon inheritance, you can ensure that this treasured property remains a source of joy for generations. Whether you choose to move in, rent out, or sell the property, professional advice can help navigate the complexities and preserve family harmony.

Book A Call with attorney John A. Laine today to get started.