Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 9 years ago,

User Stats

738
Posts
1,099
Votes
Wes Blackwell
  • Real Estate Agent
  • Phoenix, AZ
1,099
Votes |
738
Posts

Estate Planning - Leaving Rental Property to a Minor

Wes Blackwell
  • Real Estate Agent
  • Phoenix, AZ
Posted

I have an older client who is about to purchase some rental property in California (a duplex) with another co-owner, and would like to leave her share of the interest in the property (50%) to her 4 year old granddaughter should she pass away unexpectedly.

o_0 

I know right... this will be fun getting set up lol

Anyhoo, looking for what options she has and what's the best way to set this up to take title to the property?

I've researched a little into it and it seems like taking title to the property in a trust is the best option, and the other remaining living owner can be set up as a trustee or property manager to manage the property until the granddaughter reaches adulthood.

It would be easier to leave it to her son who is the granddaughter's father, but he's a total friggin jerkface, so that just flat out ain't gonna happen. She wants him having no control of it whatsoever.

Here are my big unknowns:

  • Can the remaining owner sell the property before the granddaughter reaches adulthood? What happens if it burns down or some other radical insurance claim?
  • What happens with the rents collected after she dies but before the granddaughter becomes an adult? Who do they belong to? How are they split?
  • Do the rents belong to the property manager or other co-owner solely? 
  • Or are they split in half and part of the money is stored in an account somewhere to be given to the granddaughter when she reaches adulthood?
  • If you're an estate planner or an attorney, how would you recommend setting this up? We will be probably doing this in the next three months so I need to make arrangements.

I know most anything is possible depending on what's arranged within the trust, and ultimately we'll just have to speak with a lawyer, but just trying to get some general guidelines so I know what protections my client has and what are the best options. Thanks!

Loading replies...