How To Handle Multiple Properties in an Estate Plan
You’ve worked hard to build your real estate portfolio. Maybe you own a primary residence, a vacation home, and a rental property or two. But have you thought about what happens to these assets when you’re gone? Learning how to handle multiple properties in an estate plan might seem overwhelming, but we’re here to walk you through it.
Why Multiple Properties Complicate Estate Planning
Each property you own exists in its own legal universe. Your beach house in Florida follows different state laws than your mountain cabin in Colorado. Your rental property might have tenants whose leases outlive you. These complexities multiply when you own properties across state lines or internationally.
Without proper planning, your heirs could face the following issues:
probate proceedings in multiple states
conflicting inheritance laws
unnecessary tax burdens
family disputes over who gets what
delayed property transfers that last months or even years
Smart Strategies for Property-Rich Estates
The good news is that you’re not the first person to build an estate plan with more than one property in it, so you have plenty of tried-and-true solutions available.
Consider a Revocable Living Trust
When you place properties into a trust, they bypass probate entirely. This strategy works particularly well when you own real estate in multiple states.
It’s worth noting that trusts are different than wills. In a nutshell, trusts give you more control and privacy, while wills must go through probate in every state where you own property.
Review Your Titling Structure
How you hold title matters enormously. Joint tenancy with rights of survivorship allows property to pass directly to the surviving owner. Tenancy in common lets you control what happens to your share. We recommend reviewing each property’s deed with your attorney.
Think About Liquidity
Real estate ties up wealth. Your heirs might need cash to pay estate taxes, to cover maintenance costs, or simply to keep the lights on. Setting aside liquid assets or purchasing life insurance can prevent your family from having to sell properties under pressure.
Address the Rental Property Question
Do your heirs want to become landlords? Maybe one child does, but the others don’t. Spell out your wishes clearly. You might direct that rental properties be sold and proceeds divided, or you could give specific properties to specific beneficiaries based on their interests and capabilities.
Don’t Forget the Details
Make sure your estate plan includes the following:
updated property appraisals
copies of all deeds and titles
information about mortgages and liens
property management contacts
instructions for each property’s disposition
Make Your Estate Plan Work for You
You’ve built something substantial with your property portfolio. Now protect it.
Schedule a meeting with an attorney or financial advisor who can help you handle multiple properties in an estate plan. Your properties represent your life’s work; they deserve a plan that honors that legacy.