17 Reasons Your Home Shouldn’t Automatically Go to Your Kids When You Die

Written By Jill Taylor

There are a lot of circumstances to be considered when thinking about whether or not you should leave your home to your kids when you die. It might be right for some people, but you should at least consider the following 17 reasons why it might actually be a bad idea.

Sibling Disputes

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Investopedia discusses several ways to minimize the risk of disputes over property inheritance, but one key way is simply not to leave your home in your inheritance at all. Selling the home prior and distributing the money might be the easier option.

Tax Implications

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If you sell your home before you die and pass the money onto your kids instead, there could be potential for substantial capital gains. It’s worth sitting down and doing the math and then having that conversation with your kids before you automatically leave your home to them.

Divorce Complications

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A few complications may arise surrounding inheriting property if you are divorced, so think about that when writing your will. You don’t want to end up risking leaving part of your estate to someone that you don’t feel deserves it!

Market Depreciation Risks

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You only pay tax on any profit you’ve made on the property, but be sure to consider the cost of any depreciation, too. Your home might not be worth as much as you think it is, so it’s always best to get a valuation before you put it in your will.

Locked Up Equity

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Times are tough for retired people. It might be a better idea to sell your own, downsize to a more affordable place to live during retirement, and put some money aside to look after yourself when you’re living off of your pension.

Needs of a Surviving Spouse

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Do you have a surviving spouse, and have you carefully considered their needs before you leave your property to your kids? There’s more to it than that as you do have some legal obligations to your spouse with regards to their inheritance, so consider those too.

Unfinished Mortgage Payments

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If you haven’t finished paying your mortgage, this might be a burden on your children if they inherit the estate. If you’re going to leave them a mortgage, the least you should do is talk to them about whether or not they believe they can handle the financial responsibility of inheriting it.

Children May Not Want the House

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Have you ever considered that your children may not actually want your home? Their nostalgia for the family home may not match yours, and they might actually prefer for you to sell it so that they can inherit the cash instead.

Reduced Mobility

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Another reason it might not be in your children’s best interests to inherit your home is because it restricts their movement. This could impact their dreams of relocating or their careers. Talk with them about their long-term plans before you write them into your will.

Debt Risks

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Have you ensured that all of the finances for your home are in order? When was the last time you checked the paperwork? The last thing you want to leave your children is financial complications with your estate that they have to clean up after you die.

Impact on Assistance Programs

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Homeownership might affect your children’s ability to claim things like Medicaid and other benefits. As a result of claiming your home in your will, your children may actually pick up fines or worse, so it’s best to speak to a lawyer if you’re unclear on the matter.

Management Challenges

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Managing a property can be hard work, as you probably well know! Consider whether your children have enough time to take on that new bulk of work. Hiring an estate manager if the home is worth enough can also be a good idea.

Estate Planning Complications

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When your child inherits your home, it may complicate their own estate plans. Make sure to speak to them about what they want to do with their own home purchase and if inheriting your home would cause a problem. These are the questions you’ll need to ask. 

Emotional Attachments

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There’s also the very important matter of the emotional burden you will be putting on your children by leaving them your home. It’s not easy to go through the motions when they have such an emotional attachment to the property, and it may be best to relieve them of that.

Loss of Control

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If you don’t carefully plan through the inheritance process, there is a real risk of losing control of it. Any legal issues you might run into when handing over the property could be very problematic and mentally taxing for your children.

Adverse Tax Consequences

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There could be differences in the tax implications for your children when inheriting your property and receiving it as a gift. Make sure to sit with a solicitor and consider the two options carefully to work out which is going to be most financially beneficial to your offspring.

Better Alternatives Like Trusts

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Another alternative to consider instead of leaving your property in your will is to set up a trust. These can often be the most effective way to manage and pass on your property for two reasons: they can make life easier, and they can actually save your child money if you pick the right one.

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