Happy memories of your children at your family home cast a sentimental spell over the process of passing property to the next generation.
But as with any other real estate transaction, it’s important to move past emotions when deciding what will happen to your home in the future. A clear estate plan can help make sure your home is distributed in a way that suits both you and your family’s best interests.
“The best place to start the process of passing your home onto the next generation is to have a conversation with your kids about their expectations and interests,” says Dan Sullivan, a wealth strategies consultant with RBC Wealth Management-U.S. “Make sure they really want it—ask if anyone will want to live there after you pass away or if they plan to sell it.”
There are several ways to pass on your home to your kids, including selling or gifting it to them while you’re alive, bequeathing it when you pass away, or signing a transfer-on-death deed in states where it’s available. All of these can have legal and tax implications, so it’s important to think through the possibilities and consult the appropriate advisors to make sure the property doesn’t become a burden for your kids.
Here’s what you should know about each option:
1. Selling your home to your kids
Parents can sell their home to their children, but they need to do so at a fair market value.
“You need to sell the house at a value comparable to what other similar properties are currently selling for,” Sullivan says. “If you opt to do a bargain sale, then that’s partially a gift that can generate tax implications.”
Parents can loan money to their children to purchase the home, but legally the parents must charge interest to the kids and then declare the interest they earn as income. The loan can be structured to provide a minimum interest rate, which the IRS publishes monthly for loans between related parties. These interest rates are usually significantly lower than if the children were to obtain a mortgage commercially, thus lowering their monthly payments.
“If your kids can afford to buy the home, a sale can be great for parents who want to downsize and use the proceeds of the sale to move,” Sullivan says.
2. Gifting your home to your kids
If you want to give the home to your kids during your lifetime, one option is to establish a Qualified Personal Residence Trust (QPRT), which transfers ownership of the property to a trust. “The terms of the trust can allow the parents to live in the home rent-free for a certain period of time, but this is an irrevocable trust that cannot be changed,” Sullivan says.
If the parents outlive the terms of the trust, the property will be excluded from their estate. If they want to continue living in the home, they must pay fair-market rent. But, Sullivan warns, the children, as the new owners, could require their parents to move out if there’s a family disagreement.
Alternatively, you can opt for a life estate that allows you to live in the home until you pass away. But while you have the right to live there for the rest of your life, you still have the same responsibilities as if you were the owner. That could include paying the mortgage and applicable property taxes, maintaining insurance, and keeping up with repairs.
3. Bequeathing your home
A common way to leave your home to your children after you pass away is through a revocable living trust. You can name your kids as successor trustees for continuity of property management, and since the trust is revocable, you can modify its terms during your lifetime and spell out how you want the home handled after your death.
Before setting up the trust, have an honest conversation with your family about whether anyone wants to take on the home—and the taxes, insurance and maintenance that come with it. “If no one wants it, the trust can sell it after you pass away and distribute the proceeds,” Sullivan says.
If one child wants the property and others do not, Sullivan suggests making equitable financial arrangements to compensate, such as leaving additional assets to the child or children who won’t inherit the home.
4. Deed transfer
More than 30 states and the District of Columbia allow property owners to sign a transfer-on-death (TOD) deed. This works in a similar way to a payable-on-death (POD) designation for a bank account, Sullivan explains.
A TOD deed can be used to avoid probate on your home. When you die, ownership automatically transfers to your named beneficiaries. During your lifetime, you retain full control of the home and can sell, refinance or revoke the deed at any time.
But unlike a trust, a TOD deed offers no control over how the home is managed after your death, and no protection from beneficiaries’ creditors.
No matter how you plan to pass your home down to your kids, the process can be complicated. That’s why it’s important to consult with your financial, tax and legal advisors to explore options and related implications to find a solution that’s in everyone’s best interests.