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Estate Planning for the Family Vacation Home

 

Preserve your client's happy memories - get practical estate planning techniques for vacation homes.

In planning your client's estate, you need to be aware that a vacation home is not like other assets. It may not be enough to say, "to my children or their descendants in equal shares, per stirpes." This creates a tenancy in common, with multiple, fractional, transferable shares. There may be issues in coordinating the use of the space, or in paying for maintenance and repairs and property taxes. One or another of the children might have issues with creditors or with a divorced spouse. Any one of the cotenants could force a partition sale, probably at a distressed price. But if you put the house in a trust, who should be the trustee, and what should be the limits on his or her discretion? What are the potential tax consequences of using a trust or a limited liability company to hold title? This topic will explore these and related questions and discuss practical planning techniques that can help keep the vacation home in your client's family for generations to come.

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Estate Planning for the Family Vacation Home

Agenda

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Estate Planning for the Family Vacation Home

Faculty

Russell A. Willis, III, J.D., LL.M.

Russell A. Willis, III, J.D., LL.M.

Planned Gift Design Services

  • Until recently based in Portland, Oregon, now transplanted to Tucson, Arizona, he works as a freelance paralegal consultant with nonprofits, donors, and their advisors in structuring charitable contributions of closely held business and real property interests, so as to serve the mutual advantage of all parties
  • Provides legal research and advice on income and transfer tax planning more generally, and writes the occasional trial or appellate brief
  • For ten years, he was a writer and editor for a subscription website that provided daily coverage and in-depth analysis of developments in tax law affecting charitable gift planning
  • More recently he has launched his own newsletter, the "Jack Straw Fortnightly," back issues of which are posted to his website, https://www.plannedgiftdesign.com/
  • Has spoken at any number of national and regional conferences, and to local planned giving roundtables, community foundations, and bar associations; some of his recent papers are also posted to his site
  • J.D. degree, St. Louis University; undergraduate degree in english literature, Indiana University in Bloomington; M.A. degree in english, University of Chicago; M.A. degree in taxation law, Washington University in St. Louis, Missouri, where he practiced law for more than twenty years
  • Can be contacted at [email protected]
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Estate Planning for the Family Vacation Home

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