Making a succession plan can be complicated, but it is your opportunity to minimize conflict with your children. It is a good idea to include a buyout plan if your children do not agree about keeping the property. This can include a provision to minimize the financial burden for the family members who buy out a sibling. The buyout price is typically lower than if the property were sold to a third party. In this situation, a decision would also have to be made about whether or not the bought-out sibling has the right to occupy, or even visit the property. Additionally, some adult children simply can’t afford the maintenance costs and property taxes. One way to alleviate this is to set up an endowment from other assets that will generate income to pay these expenses. The following issues should also be addressed in your succession plan:
- Decision making about common issues such as repairs, updates and maintenance.
- Scheduling of usage of the property.
- What happens if one of the co-owner siblings dies. Does the surviving spouse or children inherit their share?
Posted by Bradford Miller Law, P.C.
134 N. LaSalle Street, Suite 1040
Chicago, Il 60602
312-238-9298
http://www.bradfordmillerlaw.com
Offering free legal representation to homeowners seeking a short sale
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