Protecting Your Legacy: How to Include a Second Home in Your Will

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7/10/2024

If you are the head of your household, your will is likely something you’ve given a lot of thought to. It is your responsibility to make sure that your loved ones are properly taken care of after your death. Leaving your home to them is one way of doing this. If you have any additional property, you can leave them that, too. Giving them property ensures they have somewhere stable to call home in the interim between your death and moving on. However, the process of including anything in one’s will, let alone property, can be very confusing. This post will explore this topic in more detail and tell you what you need to do.

Hiring An Attorney

If you take one piece of advice away from this post and incorporate it into your estate planning strategy, let it be that you need a lawyer’s help. Under no circumstances should you attempt to even go near your will without a lawyer’s intervention. According to this Texas wills and probate lawyer, an attorney will be able to work with you to ensure your will is meticulously organized, with every little thing accounted for. Hiring a lawyer is important if you want to make sure that your loved ones are properly looked after. Don’t rush into finding a lawyer. Make sure you find one who’s qualified and experienced. A look at their reviews will tell you all you need to know about their level of expertise, so study them carefully.

Work Out Affairs

Property isn’t the only thing you need to think about. There are other considerations you need to make if you are planning on creating a will. One of these is what you are going to do with your money. Many people put a heavy focus on the physical property, leaving the money they’ve got saved in bank and savings accounts or even bonds until last. You could argue that your money should be thought about first, however. If you are able to, you may want to give money to your loved ones before you die. This is so that they don’t have to pay tax. If you give them their inheritance as a gift before your death, inheritance tax won’t be due, which means that they’ll be able to keep more of it than they otherwise would.

Think About Recipients

Also worth thinking about is the people you are going to give your assets to. A lot of people rush the selection process, thinking the best people to leave their things to are their children or immediate family members. However, if you have a fractured relationship with any of the usual suspects, you may want to branch out and consider giving your things to somebody you’re close with who isn’t related to you or to charity. Giving your things away to people other than your immediate family is always going to cause arguments, but ultimately your belongings are yours, and nobody should have a say in what you do with them. If you feel justified in giving them to a friend or a charity, then go ahead. Don’t let other people’s opinions sway you when it comes to distributing your assets in your will.

Perform Maintenance

Maintenance is important. You need to take care of your properties, otherwise your loved ones will have a lot of work to do before they can liquidate and profit from them. When you are finding a lawyer to help you create your will, you should simultaneously pay somebody to perform an investigation at your properties. They will be able to help you identify any areas that need improvement. Making renovations to your properties while you are alive is also a good way to increase the amount of money your loved ones are able to make back from your properties. Bear in mind if you do not want your loved ones to sell your properties and instead want them to live in them, you can put clauses in your will that prevent properties from being sold as soon as you die, and your loved ones inherit them. Consider this if you think your loved ones need a roof over their head more than they do money.

Tax Considerations

When your loved ones inherit money and property from you, they have to pay taxes. You should do everything you can to minimize the tax they owe. If they owe tax on your assets, they’ll end up with less of an inheritance. A lawyer will be able to help you reduce the taxes your loved ones will inevitably owe. One way of doing this is by putting your belongings into trust. Again though, a lawyer will be able to help you. This post is not qualified to offer legal advice, as that is a lawyer’s job. When you are searching for a lawyer, you need to think about the cost. Some lawyers charge a lot of money for their services. If you are on a budget, you need a lawyer whose services fall within it.

Even Distribution

If you have lots of different people that you want to leave things to, make sure that you distribute your assets evenly and fairly. As mentioned earlier on in this post, feelings can get hurt when you leave things to certain people and others are excluded (or don’t get as much as they wanted to). It’s not uncommon for people to take their loved ones to court when they feel left out of a deceased person’s will. Make sure that before you die, if you are writing anybody out of your will, you need to announce this. This will make it harder for them to contest your will after your death. If you make a public announcement, everybody in your family will be aware, which means the person being excluded won’t be able to take your loved ones to court and claim some of their inheritance.

Wills can be hard to create, mainly because it’s not easy to accept one’s own mortality, and a will is part of preparing for one’s death. The guidance given here should hopefully help you to get a better idea of how to plan your will and have explained why a lawyer’s help is an important part of estate planning.