Protecting Your Family Home

Protecting Your Family Home

For most families, a home is among their most valuable assets, both financially and emotionally. It is important to be thoughtful about how you are going to leave a home and to whom.  If there are issues between siblings, tax considerations, or other family needs to consider, the parent should make an informed decision about what to do with the house and ensure that their estate plan reflects these wishes.

It is particularly important to come up with a specific plan for your home.  Compared with inheriting a stock or bank account, homeownership is complex, with ongoing costs and maintenance. In addition, many homes come with lots of memories that can make it very tricky for you to decide who will inherit it. If the person who inherits the home doesn’t want to keep ownership of it, they may incur legal fees, taxes, and other transaction costs to sell it. In addition, many states have estate tax exemption limits far below the federal level. If the value of the home exceeds that limit, the heir may face a state estate tax bill and may have insufficient funds to pay it. That could force a sale of the home or force the heir to seek financing options to pay the bill.  When there is an outstanding mortgage on the home, careful consideration needs to be given to how the debt will be handled when the home passes to the heirs.

To prepare for a smooth and efficient transfer of your home, start by thinking about your goals and your financial situation. Consider what would you like to see happen with the house? For instance, does one of your children still live with you, and do you want to provide an option for them to stay in the house for some period of time? Do you have a vacation home you would like to see shared by future generations?

You need to be mindful that your children may have different ideas about whether they would want to live in, sell, or keep the property for investment purposes.  When an estate plan is created based on an incorrect set of assumptions, it can create discord among family members.  The best-case scenario is when parents make informed choices and created a well thought out estate plan so the kids don’t have to worry or make major changes after the inheritance.

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.
ebl home subscribe image

FURTHER READING

Latest Blog Posts

A skilled and experienced Seattle family law attorney details the red flags of why you shouldn't get married.

An experienced Seattle estate planning attorney can provide understanding about what happens to debts after you die.

A Seattle family law attorney can help you move into the future with this comprehensive guide to your next steps following divorce.

A Seattle estate planning attorney can provide strategies for having a productive family meeting about estate planning.

Learn from an experienced Seattle family law attorney skills for how to divorce a narcissist in Washington state.

A Seattle estate planning attorney can help you draft a mental health advance care directive as part of your estate plan.

A Seattle family law attorney can help if you find you are in a situation where your ex is abusing your pet.

If you are an unmarried couple, a Seattle family law attorney can help you protect your partner through the use of wills and trusts.

A Seattle family law attorney can guide you with next steps should you discover that your spouse has been unfaithful.

An estate planning attorney can help you draft a will or designate some of your property as non-probate assets by creating various trusts.