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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.

86 minutes
Certificate of Completion
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

How Is This Asset Different and Why Does It Matter

  • Illiquid
  • Not Divisible
  • Ongoing Upkeep Expense
  • Capital Gains Tax Exposure
  • Family Dynamics

Absent a Plan

  • Joint Tenancy
    • Potential to Disinherit Some Branches
  • Tenancy in Common
    • Nonexclusive Use
    • Sharing Upkeep Expense
    • Exposure to Creditor Claims
    • Potential for Partition Sale

Three Planning Alternatives

  • Tenancy in Common Subject to Ownership Agreement
    • Key Provisions Ref. Item 2.B.
    • Disadvantages, Compare Items 3.B., 3.C.
  • Irrevocable Trust
    • Inter Vivos or Testamentary
    • Potentially Perpetual
    • Creditor Protection
    • May Hold Endowment
    • But Some Tax Issues
  • Limited Liability Company
    • Advantages Similar to Trust, but
    • Greater Flexibility
    • Mechanisms for Branches to Cash out
    • Taxed as Passthrough Entity
    • But Setup and Maintenance Costs
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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 11, 2019.

Call 1-866-352-9540 for further credit information.

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • NM CLE 1.5
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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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Why Lorman?

Over 34 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Pay once and get a full year of unlimited training in any format, any time!


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  • State Specific Credit Tracker
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Questions? Call 877-296-2169 to speak with a real person.

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Product ID: 406177
Published 2019
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