The True Cost of Inheriting a Home (Part 3)

Leaving a Home, Not a Headache — Estate Planning Strategies

Passing down a home involves more than deciding who gets the keys. Without clear guidance, heirs may face unexpected costs, disagreements, and delays. Fortunately, there are estate planning tools and strategies to make the process smoother.

Planning Tools

  • Property held in trust with a right of occupancy: Grants someone (often a spouse or partner) the right to live in the home for life or a set period, while clarifying which expenses belong to the occupant and which the trust covers.[1]
  • Transfer-on-death (TOD) deed: In states that allow it, this deed lets property pass directly to a named beneficiary without probate. Responsibility for expenses becomes clear at the moment of transfer.[2]
  • Joint ownership with rights of survivorship: This option ensures the surviving co-owner takes title automatically, avoiding probate. However, it may trigger gift tax issues, expose the home to the co-owner’s creditors, or complicate future transactions.[3]

Reducing Conflict

Family tensions often surface when multiple heirs inherit a single property. Setting clear terms now—who can use the home, how expenses will be divided, and what happens if one heir wants out—can prevent disputes later.[4]

Preparing Heirs

If you plan to leave a home to someone who has never owned one before, walk them through the costs in advance or leave a budget outline in your estate plan. Decluttering and preparing the home now also spares beneficiaries the burden of sorting through belongings under emotional strain.[5]

👉 Clear communication plus a strong legal framework ensures your home is passed down as a gift, not a financial burden.

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[1] Minnesota State Bar Association, Estate Planning Guide: Right of Occupancy (2024), https://www.mnbar.org/

[2] National Conference of State Legislatures, Transfer-on-Death Deeds by State (2024), https://www.ncsl.org/

[3] Internal Revenue Service, Gift Tax Rules (2025), https://www.irs.gov/; American College of Trust and Estate Counsel, ACTEC Commentaries on Joint Ownership (2024), https://www.actec.org/

[4] Caring.com, Estate Planning and Family Disputes Survey (2023), https://www.caring.com/

[5] Margareta Magnusson, The Gentle Art of Swedish Death Cleaning (2018), Simon & Schuster, https://www.simonandschuster.com/books/The-Gentle-Art-of-Swedish-Death-Cleaning/Margareta-Magnusson/9781501173240

Categories: Estate Planning