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a family passing on property to heirs


Sent to Legal Experts May 14, 2006 1:32 p.m.

Three siblings own a Wisconsin cabin with an estimated value of $6-700,000. The question is how to pass it on to their heirs without overwhelming taxes and costs. The owners include a brother 68 yo and sisters 65 and 58. All three are healthy and working full-time. They get along well and can reach an agreement. The heirs are these: the brother has a wife and three children, all in their thirties, the oldest with a husband and two children. The 58 yo unmarried sister has one daughter who is married and has two children. The third and fourth generations get along well at this point.
The methods of passing it on we have heard of are these: a family limited partnership (said to be criticized by the IRS in a previous question we sent you), joint tenancy with rights of survivorship, a living trust funded by gifting and assigned life insurance benefits, and simply leaving life insurance to the current owners of the cabin. Which do you recommend, and what are the pros and cons?

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Milwaukee, Wisconsin

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Customer (name blocked for privacy)
Status: Closed   Value: $50   
Info Request
May 14, 2006 10:42 p.m. (9 hours and 10 minutes later)
REPLIED to Info Request Check Mark

A "properly structured and operated" family partnership is perfectly acceptable. People get in trouble when they abuse, rather than use, the setup. Nevertheless, I would not necessarily recommend an FLP for this type of asset. Some of that will depend on additional information.

Much of the answer to the "best structure" will depend on how you want the ownership to wind up and the extent to which you wish to limit, or not, what the heirs can do and when they can do it. That is, do you want the heirs of each current owner to have a 1/3 interest? or do you want each member of the current second generation to have an equal interest? or........? Do you want the second generation to be able to sell the property? or do you want to assure that it stays in the family until the third or fourth generation has the ability to make that decision?

I do not see any real benefit to a joint tenancy - and I see many potential problems. I also do not perceive any true value in using life insurance as a part of this transaction.

If you can give me some idea of the answers to the questions above, I can give you a better idea of a structure that will help you accomplish yoru goals.

jon@jonacpa.com



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Reply to jonacpa
Sent May 15, 2006 7:47 p.m. (21 hours and 4 minutes later)

Thank you for your response. Your questions are excellent. Actually, at this point I am not sure the owners know clearly what we want the heirs to have and whether they should have the option to sell. Why don't I go back to them, raise these questions, and then I'll get back to you?
Customer (name blocked for privacy)
Info Request
May 15, 2006 8:12 p.m. (24 minutes and 45 seconds later)

I think that is an excellent idea. You (the first generation) really need to consider the control issues at least as much as the tax issues - ultimately it is usually the control issues that wind up causing family dissension in this type of circumstance.

Please keep me posted.

jon



__________________
Helping individuals and businesses nationwide reduce taxes and increase profits through sound planning and quality service

jonacpa  -- CPA -- 100% Positive Feedback on 29 Legal Accepts
Answers to legal questions - not legal advice.

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