Tax, SDIRAs & Cost Segregation
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,
Estate Planning - Leaving Rental Property to a Minor
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!