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#1 | |
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#2 |
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This has to be one of the hardest decisions a retired couple must make because of all the ramifications involved. We have heard horror stories of family members really going at it because of disagreements as to how the inherited property can be used, how to split usage, renting it out vs. using it, how to deal with expenses such as property taxes, repairs, etc, etc.....the list of conflicts can be endless....and make no mistake about it: when it comes to $$$, it can get really ugly. In a perfect world, we would leave our waterfront property to our daughter and son and family, with everything in good working order, including all the furniture, furnishings, water toys, even the stacks of games we have enjoyed on the porch year after year. That would be a perfect solution (for us). Would there be arguments and disagreements? Guaranteed. However, if we are no longer here, its not our problem, so hopefully they would work it out. It’s definitely a dilemma.
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#3 | |
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After owning for 34 years I don't think we could go back to renting. It's not the same. We would go year round and cross country ski on the lake. We'd even go up for one day sometimes. We definitely would take all our vacation time in the summer though. We did consider buying something just off the lake and getting/ renting a slip. But I know us, it would be too much "work" to go play. It needs to ready on short notice. Honey, it's 7:30 let's go on the Hobie Kayak for the sunset. Even that took 20 minutes to get ready and sometimes we'd skip. My wife never liked being rushed. But I was happy with 20 minutes. By the way you could rent the property out part of the time to help things financially. I personally never wanted to deal with renting. But I would/will if that meant the different of keeping it. |
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#4 |
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You love the lake. Don't give it up for mere money
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#5 |
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Whether the OP loves the lake is irrelevant.
It is not his property, it is his parents, and up to them to decide the issue. His post leads me to suspect that in order for his parents to afford to relocate they must sell the lake property. I for one would never want to live on the lake in my dotage, due to lousy health care in the area, sparse shopping choices and yes, boredom: I doubt dad snowmobiles or skis anymore. It is unfair to one's parents to "guilt trip" them into hanging onto an old property when they'd rather move to a new location which would afford them a better quality of life.
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#6 |
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The place I bought 7 years ago was in the sellers family for 60 years. Common story of home being passed down and a group of siblings with different financial situations and different interest in lake. Some lived nearby and used a lot, others moved away and did not use much if at all. I have become friendly with the ones who treasured it and they are regular renters. I give them a good rate and I enjoy having them back as I know how much they treasure it. Neighbors house was same situation going back 60 years and it just sold. Hopefully I will be long gone when it comes to that for my place so I won't have to see it go.
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#7 | |
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#8 | |
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#9 |
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I know there are taxes, maintenance, utilities, etc. in owning. But owning also gives you some upside potential in appreciation. Today, real estate in this area is probably the highest it's been...Maybe even prior to 2008 values. Look what's happened in the last three years.
The money to purchase is not GONE. It's just changed form. I bought my family's home from my 4 siblings. We owned it for over 60 years and encountered all the sibling issues describe herein. My permanent home is in San Francisco, 3,200 miles away making logistics for visiting complicated. I have used Bayside Rentals to rent it for part of the summer ...Pretty much pays for all of my expenses and I get to spend spring and fall there and close it for the winter. Never had one problem caused by the renters. You can also factor in the paper loss of depreciation into whatever your income tax situation is. And almost everything you buy is tax deductible as an expense for operations. Although you're limited to two weeks for personal use, there is no limit for maintenance stays.
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#10 | |
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#11 |
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I heard a situation like this one one of the call in radio shows, dave ramsey maybe. anyway, the siblings could not all agree to anything so they formed some sort of trust to own the place and hired a management company to rent it and the siblings had to go thru the agency to book time and paid rent like everyone else. the rental income was split between all of them. seemed like a pretty good hands off approach.
2 cents |
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#12 |
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This is an hard issue to deal with, mostly because it is more based in emotion in most cases. When my parents bought our camp, I knew the long term prognosis was that eventually, I will have to buy my siblings out to maintain the property.
So with that I had to also come to realization, that until such time as I can by my siblings out, I may have to pay more the costs for maintaining the place. I have made peace with those realizations. Because I know that if we sell the property on Lake Winnipesaukee, I will never buy on the lake again. Not necessarily because I wouldn't be able to financially afford to.... But because the lake has changed so much, that I would want to move on to a new lake, that had the atmosphere Winnipesaukee used to have. Don't get me wrong Winnipesaukee is a beautiful lake and always will be... But it has become over grown, with huge houses, and manicured lawns... This is simply not my idea of getting away from it all. My yard is sand, my camp is small, and I have trees that I don't take down unless I have too.... I can find plenty of lakes where I am not the only one that thinks like that. So why am I rambling like this, well its a message, If you keep the camp understand why you are doing and what the costs might be... I know what my costs are to keep my families current camp, and am at piece with it... If my siblings and I ever decide to sell, I have rationalized through that situation as well. Will I be disappointed if eventually we need to sell yes, but on the flipside, I also know what plan B is, and that is just as exciting finding a new lake to get to know....
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#13 |
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Sell now. Who knows when the market in M-Boro will be like this ever again. What was 700k years ago is probably double in todays market. Look at what's selling there for > 1m, it's nuts.
$ aside - 3 siblings should NEVER share ownership of a high dollar value asset. Even if protected in a trust (which it would have to be unless you're insane) you will end up in a bad situation. It ends that way far more often than that (just read the responses above). Noone wants to give up the childhood home, but strange how much more it suddenly means when you know if might be sold..... |
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#14 | |
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If there are multiple siblings involved it's better to sell and each do their own thing. I've never been the sentimental type so for me real estate is an investment. I have no problem moving on from one to another. I even enjoy the hunt and enjoy making a new property my own. I try not to invest more into a place than I would ever get back. That way if I find another place I like better I have no problem selling and moving on. Of course my wife is much more sentimental and has a harder time with moving on so this keeps me a little more grounded. As long as I still have my mind I still have my memories no matter what home I'm in.
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#15 | |
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Life is about how much time you can spend relaxing... I do it on an island that isn't really an island..... |
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#16 |
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Sell it.
If you like the Lakes Region. Purchase an ordinary house off lake or rent. Time and time again. I see next generation not agreeing to time and usage. Then the next generation. And on and on. There was a situation here where two adult daughters inherited a Summer cottage. One had one child. One had five children. Could not agree on maintenance,, taxes, usage, time, etc. One did not wish to sell and just leave as is. And split the time. One sister sued the other sister to sell the property. And then that sister bought the property. So much for family unity. Sit down and agree who gets what. Next generation ownership rarely works out. Again, if you wish to stay in the Lakes Region. Just purchase a modest home off lake. |
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#17 | |
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#18 |
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Must be different o the islands. Lots of 4, 5, 6 generations owners. Somehow, we all make it work. For many, it's the one place, after all the others have been sold, that we can all share (multiple) lifetimes of memories and make new ones.
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#19 |
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I am living this type of situation now on our family cottage on Upper Suncook Lake. My grandparents purchased and built the cabin back in 1964. They set up a trust and an investment account to help with taxes (which are now extremely high). The trust was set up with their three kids named as the stakeholders, then their kids (7 of us my siblings and cousins) next in line. To dissolve the trust everyone has to agree on what happens.
Unfortunately, all of what people have said about usage, up keep, family feuds is true, contributions towards the investment account, etc. My father passed away early at 53 from cancer which further complicated ownership in the place because now myself and my two siblings are the stakeholders along with my aunt and uncle and everyone wants their own time there. Trying to schedule time to be there is a pain as everyone who is still around and wants to use it wants prime weeks during the summer and the place is not really big enough to accommodate everyone at once. I have tried setting up calendars for us to all schedule a week in on our own over the summer and things like that, but it really hasn't worked. Financially I couldn't care less about making anything off the place, my three boys really enjoying going there when we can which is what kills me about potentially walking away from it all. The securing time and dealing with everyone involved has made trying to go there stressful, which it shouldn't be. At the end of the day I have really just tried to put all the BS aside and get up to enjoy the place with my kids when we can. When the money runs out in the fund to help with taxes and maintenance I am not really sure who in the family is left that can afford it (taxes alone are 13k/year) aside from maybe me and one of my cousins who lives local, but doesn't ever utilize the place. I'd imagine at that point it will end up being sold and everyone will get their share of the money and go on their way. At that point I hope to have my own place for use with my family and friends. The whole situation really stinks because my grandparents wanted the place to be enjoyed by many generations down the line and did their best to try and make that happen, but with so many people at so many different places in their lives it is difficult. |
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#20 | |
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My parents wanted their camp to go to someone in the family, but we sold it last summer when it became abundantly clear none of my siblings would ever be financially stable enough to take it over long term. If there's any question on that end, there'd have to be a major trust account of funds to make me not run away. Sent from my SM-G950U using Winnipesaukee Forum mobile app |
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#21 |
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The more people involved the harder it is to get everyone to agree on anything. That's why, in most cases it's best to sell and everyone to go their own way.
We try to get everyone together 4th of July week and with 3 kids and 6 grand children that's even a struggle. |
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#22 |
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Putting emotion aside, if the deed is in the parents name, inheritance may not be the main issue when selling the real estate.
Selling the property as a married couple will avoid some taxes. If single and have lived in a house for two of the previous five years, you owe no taxes if you make $250,000 or less in profit. For married couples filing jointly, if both of you have lived in the house for two of the previous five years, then the limit is $500,000 in profit; note profit, not sell price. Gift tax (while living): If the parents sell the property, they, presently, can each give $15,000 annually ($30,000). Amount will probably, periodically, go up as it has been doing. The gift tax is not considered income, to the recipient. No tax to the parents for that amount. I do not believe NH has an inheritance tax. Estate tax may not be a factor. An estate tax is a tax on the right to transfer property when you die. The IRS exempts estates of less than $11.4 million from the tax in 2019 and $11.58 million in 2020, so few people actually end up paying it. Plus, that exemption is per person, so a married couple could double it. A trust could be set up to avoid probate for the disposition of the asset. If the house is "willed" to all three, especially with a trust, joint ownership of the house may be an option. Any future disposition of the house would be up to the three siblings, presuming they are still all living. Maybe the siblings can accommodate a downsizing, in conjunction with the trust. These are just some issues that quickly come to mind, and the suggestions to seek professional advice are good suggestions. |
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#23 | |
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#24 |
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This is a more than useful thread.
Your original post, clearly/concisely/personally expressed, has struck an obvious chord for many of us. I, too, am now experiencing similar circumstances. It is a mentally draining process and a familially destructive pill. As each scenario presents its own problems there is, of course, no one size fits all solution. The thoughts/information being discussed here are immensely interesting and thought provoking. Geez!
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#25 | |
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That being said, if someone were to have inherited property a couple years ago, there would still be a ton of gains? Finally, the number we heard in terms of estate tax was $1M. Anything over begins to be taxed. Sent from my SM-G950U using Winnipesaukee Forum mobile app |
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#26 |
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It would probably be helpful to provide the name of an experienced attorney who has substantial experience setting up trusts to keep lakefront property in the family.
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#27 |
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I guess our family is in the minority for making joint ownership work. Our camp was originally our family homestead, built in 1814, and has been passed down through 7 generations and used only seasonally since 1971. My mom and her siblings are the first generation to own the properties as a group and since they took over in 1997, things have run fairly smoothly.
I think there are several contributing reasons why things have worked. The first being they all genuinely care about the house and its place in our family history for the last 2 centuries. Another being that before my grandmother gave her kids the house she invested a significant amount of money into it (new siding, windows, roof, foundation work, etc) to make sure that it did not become an immediate burden to her children. Additionally, when my grandmother passed a few years later, some money was put aside to help with expenses. When the siblings took over, an extensive list of rules was put in place to define everything from how you schedule your time at the lake to what is turned off or left on when you leave. This has been very helpful to reduce potential conflict points. I think the most difficult decision was how to fund operations. The siblings worked through many different scenarios, and ultimately decided that they would set a budget for the upcoming year and everyone would be assessed to same dues, regardless of their usage. They also decided that renting it out would not be an option to raise funds. I think the rule that creates the most tension is that the "cousins generation" (spanning in age from 31-53) is not allowed to occupy the camp overnight without an owner present. 20 years ago this was rooted more in nobody wanting their children/nieces/nephews having huge parties at the lake, these days it has more to do with the owners being retired and each wanting as much time as they can have at the lake and don't want to be competing for scheduling with the next generation. For our branch, this isn't an issue as we enjoy being their with my parents for our vacation weeks and weekends - we are also close with our Aunts and Uncles and get invitations to join them regularly. My feeling is they pay the bills they should get first dibs for use. One sibling (my mom) is the manager and collects all of the dues, pays the bills, schedules and coordinates maintenance, and keeps the master calendar. I do think there will be some issues when it comes to deciding who it gets left to in the next generation. But, not everyone has an interest in the house/lake or the means to support it. Thankfully I have never heard anyone, in either generation, talk about camp as a financial asset, in fact, one sibling who didn't use the property signed off and gave his siblings his portion. There have certainly been squabbles and bumps along the way, but, so far they have been able to work it out. |
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#28 | |
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#29 |
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I'm one of three siblings who inherited family camp after parents passed. It's been 11 years and we have shared it quite amicably. Two of us use it all summer and one might spend a weekend now and then, so we split the taxes, insurance and any MAJOR repairs (new roof, new septic) 3 ways. The day-to-day stuff are shared by the two of us who do use it. And while this isn't in anything written/legal, our parents asked us before they died to plan for an eventuality of one or two wanting to sell and one or two wanting to keep. They had us promise (verbally) that there would be two appraisals completed, and averaged to one price. The the buyer(s) would be able to buy out the seller(s) at half of that price. So it depends on your relationship with your brothers, I guess. We are very fortunate to have the property still in the family; none of us would ever be able to afford to buy. I'd keep it.
Last edited by September; 08-08-2020 at 02:31 PM. Reason: I hit "send" prematurely. Sorry. |
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#30 |
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Our family had the same place for nearly 70 years in Tuftonboro, and we were forced to sell when one of the second-gen owners demanded to be bought out. At the time (2012), I had 3 kids in college, and my brother is a school teacher. So coughing up half the price of a place with 200 feet of shoreline, a boathouse, and 3+ acres was out of the question.
So it sold. I could see this coming, and although it didn't lessen the pain, it helped me put it in perspective. My four kids, who, like me, grew up there and always considered it a constant, were devastated. Personally, I still grieve the loss. And I know it was a contributing factor in my dad's demise. He'd been there all his life. It was central to his being. Fast-forward, and after a few years of renting here and there, camping, and learning how very different life on the Lake can be without owned waterfront, or a boat, we've found a wonderful spot that we rent for 2-3 weeks between July and September. The pros: we don't pay the taxes, don't need to do the maintenance, and don't lie awake in January wondering if that big old oak tree is going to smash the main beam of the house during an ice storm. The cons: no guaranteed home base. The loss of the family gathering spot. Sunsets on the dock. Scheduling the annual "opening up" long weekend in early May, and the closing in the fall. The tenuous nature of renting...not knowing if the new place you've grown to love will be sold, developed, etc. The heartache of knowing that my kids' kids will not know the same privilege (that I think we often took for granted). One other "pro" -- and a big one, which was not foreseen: Proceeds from the sale enabled my mother to spend her final few years in the continuing care/assisted living facility that she *wanted* to be in. It was very nice and afforded a quality of life that just wouldn't have been possible without those funds. So...personal experience says keep it all costs. The practical side says you never know what the future holds, and sometime those tough choices just can't be avoided. But we're still here, and always will be!! Good luck.
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#31 | |
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#32 |
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Speaking from experience, don't ever sell.
You'll regret it for the rest of your life... |
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#33 | |
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Oldsters who want to do something for their kids are reacting to old age. Oldsters who want to do something for grandchildren and those unborn, are planning. As noted earlier, it took us 30-40 years to get the plan (financially) in place. It isn't just sitting down with a lawyer and signing the papers. |
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#34 | |
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Joey may want to double check my answers here: The house should be valued at time of death, so gains the past two years would be taxed. But I would guess there is a fair bit of judgement involved about when the gains occurred, so you can probably argue the lion's share occurred earlier. Some states have inheritance taxes (I don't know which ones, but I don't think the list includes Mass), but a married couple can transfer $23MM or so to their kids, tax free from the Feds. |
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#35 | |
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If you're responsible for the estate of someone who died, you may need to file an estate tax return. If the estate is worth less than $1,000,000, you don't need to file a return or pay an estate tax. Massachusetts estate tax returns are required if the gross estate, plus adjusted taxable gifts, computed using the Internal Revenue Code in effect on December 31, 2000, exceeds $1,000,000. |
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#36 | |
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#37 | |
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Mass doesn't distinguish if assets of the "estate" are within the borders on MA or not. My guess is if you are a resident it doesn't matter. They have no problem assessing income tax on income not earned in MA so why would and inheritance be looked at any different? |
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#38 | |
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#39 |
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Please check the laws...my reading is that NH does not have an estate or inheritance tax now. But one can aways be introduced as it is up to the legislature. If you are a MA resident, they tax ALL your assets regardless of state, except they do give you a dollar credit for any estate taxes you pay to another state. So being a resident of MA would certainly bring any NH property into the estate tax calculation, including any other assets in NH or elsewhere. Makes little sense to be a MA resident.... MA is one of the few states with an estate tax now. Please note..this reply is not tax or legal advice. Seek qualified professionals to guide you.
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