As you close up the vacation home
for the season, reflect back on all the great memories and the stories that
your grandchildren are carrying with them to their neighborhoods.
The beach,
hikes and bonfires will last with them forever. These memories are enough to
make you want to preserve this home through the generations, and let the
memories turn into legacy.
Your children, however, are probably
having a discussion with a little different flavor. They are wondering how
their older brother, who hasn’t held a steady job in 10 years is going to pay
for his share of the maintenance. Your daughter in Scottsdale is wondering why
she has to pay for the maintenance of the home all year round when she only
plans to be there for two weeks in July. And your middle daughter, who lives
nearby both you and the vacation home, is concerned that all of the maintenance
and seasonal responsibilities will fall upon her.
If you are determined to turn the
memories into legacies, try these simple steps to accomplish your vision for a
family vacation home that endures the generations, economies and tax law
changes.
Consider placing the title of the
home in a trust. Work with a good estate planning attorney to draft the
provisions giving you the greatest chance of accomplishing your objectives. If
you simply leave the home to your children directly in equal shares, you are
inviting a host of potential problems.
The trust needs a trustee, who can
be one of the beneficiaries. Be very specific about the duties and powers of
the trustees and give careful thought to how t successor trustees would be
chosen.
Consider spelling out rules
regarding usage of the home. A fair and equitable method that doesn’t give all
the “prime time” to any one child. Spell out the financial obligations of the
beneficiaries and the consequences for any one beneficiary’s inability to meet
their fair share.
This all sounds simple when you
consider your three children who all get along so well. But add a spouse, a few
grandchildren each and all of a sudden you have a dozen or more stakeholders
with an interest in the terms of the trust.
Consider endowing, or funding the
trust with enough cash to maintain the home in perpetuity. For some, this may
not be possible. You may look into a life insurance policy to fund this trust.
If you can’t afford the insurance or the endowment, understand that your vision
may be beautiful, but not practical.
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