Should I Give the Kids My House in My Estate Planning?

Somewhere along the way, homeowners came to believe a non sequitur of sorts, that the “American Dream” includes not only buying a house but also passing that same home on to their children.  Financial advisers have largely supported this tactic for passing along generational wealth.
Image is of a home. Text below reads "Should I Bequeath My Home to My Children?"
Picture of WRITTEN BY: Carol L. Grant

WRITTEN BY: Carol L. Grant

Carol L. Grant is an attorney serving clients in Broward, Miami-Dade, and Palm Beach counties since 1997. Carol’s area of proven and time-tested expertise is in Probate, Estate Planning and Guardianship.

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Houses make for terrible wealth transfer vehicles. Bequeathing a house in Florida can mean passing along financial burdens, red tape, home maintenance responsibilities, potential family conflict and housing market volatility, says Kiplinger’s recent article, “Your Home Would Be a Terrible Inheritance for Your Kids.”

Communication about plans is critical. A study from Money & Family found that 68% of homeowners plan to leave a home or property to heirs. However, 56% haven’t told them about their plans. That will surprise the recipients who may or may not want or be able to service an inherited home.

Suppose you bequeath a house to an heir or heirs. In that case, they’ll have to make an immediate plan

Image is of a home. Text below reads "Should I Bequeath My Home to My Children?"
Should I Bequeath My Home to My Children?

for home maintenance, mortgage payments (if necessary), utilities, property taxes, repairs and homeowners’ insurance. Zillow says this can amount to as much as $9,400 annually, not including mortgage payments.

The psychology of the home. Owners often have deep emotional attachments to their homes. Therefore, when people gift their homes to children and heirs, they’re not just giving an asset — they’re endowing them with all the good memories that were made on that property. Emotional connections to the home can be nearly as powerful as a strong attachment to a living being.

Beneficiaries may struggle to make practical choices about the inherited property because of the home’s sentimental value. This emotional aspect can cloud judgment and hinder the effective management and allocation of assets.

The financial burdens and family conflicts for beneficiaries. Inheriting a home entails a range of financial responsibilities that can quickly add up.

Property taxes, insurance premiums, ongoing maintenance costs and unexpected repairs can strain beneficiaries’ financial resources dramatically. If beneficiaries already have their own homes, inheriting an additional property can exacerbate financial burdens and potentially hinder their own financial goals, retirement plans and aspirations. The passing of a family member can also sometimes lead to conflicts among heirs, potentially exacerbating existing fractures in relationships among siblings and other family members.

According to a 2018 study, nearly half (44%) of respondents saw family strife during an estate settlement. Bequeathing a house in Florida can lead to disagreements, which can cause tension, strain relationships and even result in lengthy legal battles.

Before you make a decision to give your home to an heir speak with your estate planning attorney about the pros and cons of the gift. Estate planning attorney Carol L. Grant, located in Pembroke Pines, Florida is ready to assist you.

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