When a loved one passes away, inheriting property can be both a financial opportunity and a legal responsibility. Whether it’s a family home, a vacation property, or a valuable piece of real estate, the process of transferring ownership comes with important considerations. Understanding the legal steps, tax implications, and available options can help heirs make informed decisions about their inheritance. Proper planning and communication can also help prevent disputes and ensure a smooth transition of assets.

The Legal Process of Transferring Inherited Property

Before you can take full ownership of inherited property, it must go through a legal transfer process. The steps vary depending on how the property was owned and whether the deceased had an estate plan in place:

• Probate: If the property was solely owned by the deceased and not placed in a trust, it will likely go through probate. This court-supervised process validates the will (if one exists) and ensures assets are distributed according to the deceased’s wishes. If there is no will, state intestacy laws will determine the rightful heirs.
  
  
• Joint Ownership with Right of Survivorship: If the deceased co-owned the property with another person (such as a spouse) under a joint tenancy or tenancy by the entirety, the surviving owner typically receives full ownership automatically.
  
  
• Transfer on Death (TOD) Deed: Some states allow property owners to name a beneficiary in a TOD deed, which allows the property to bypass probate and transfer directly to the named individual.
  
  
• Living Trusts: If the property was placed in a revocable trust, ownership can transfer directly to the designated beneficiaries without going through probate, streamlining the process.

Understanding how the property was titled and the estate planning tools used can determine how quickly and smoothly ownership is transferred.

Tax Implications of Inherited Real Estate and Other Assets

Inheriting property may come with potential tax responsibilities, so it’s important to understand what to expect:

• Step-Up in Basis: When real estate is inherited, its value is typically adjusted to the current market value at the time of the owner’s death. This "step-up in basis" can significantly reduce capital gains taxes if the property is later sold.
  
  
• Estate Taxes: While most estates do not owe federal estate taxes due to high exemption thresholds, some states impose their own estate or inheritance taxes. Beneficiaries should be aware of any potential state tax obligations.
  
  
• Property Taxes: Inherited real estate may trigger a reassessment of property taxes, depending on local laws. Some states allow exemptions for transfers between family members, but others may increase property tax rates upon inheritance.
  
  
• Capital Gains Taxes: If an heir decides to sell the inherited property, capital gains tax may apply based on the difference between the stepped-up value and the final sale price. Proper planning can help minimize tax burdens when deciding whether to sell, keep, or transfer the property.

By understanding the tax implications of inherited assets, heirs can make informed choices that align with their financial goals.

Options for Keeping, Selling, or Gifting Inherited Property

Once ownership is legally transferred, heirs must decide what to do with the inherited property. Several options are available, each with different financial and personal considerations:

• Keeping the Property: If the home has sentimental or practical value, keeping it may be the right choice. However, heirs should evaluate property maintenance costs, taxes, and whether it aligns with their long-term financial plans.
  
  
• Selling the Property: Many heirs opt to sell inherited real estate, especially if they do not wish to manage it or if multiple heirs cannot agree on its use. Selling the property can provide liquid assets, but heirs should be mindful of capital gains taxes and any market conditions that may affect sale prices.
  
  
• Renting the Property: For those who wish to keep the property while generating income, renting can be a viable option. However, managing tenants and maintaining the home requires commitment and financial investment.
  
  
• Gifting the Property: Heirs may also choose to gift the property to a family member or donate it to a charitable organization. This can have tax benefits, but it’s important to consult an estate planning professional to structure the gift effectively.

Weighing these options carefully can help heirs determine the best course of action for their inherited real estate.

How to Prevent Disputes Among Heirs

Inherited property is often a source of emotional and financial value, which can sometimes lead to family disputes. Clear communication and legal planning can help prevent conflicts among heirs. Consider these strategies:

• Create a Comprehensive Estate Plan: Property owners should work with an estate planning attorney to draft a clear will or trust that specifies how the property should be handled.
  
  
• Use a Trust to Designate Ownership: Placing real estate in a trust allows the owner to outline precise instructions for distribution, reducing the likelihood of disputes.
  
  
• Encourage Family Discussions in Advance: Open conversations about estate plans can set expectations and address concerns before a property transfer occurs.
  
  
• Appoint an Executor or Trustee: A neutral third party can oversee the estate administration and ensure that the property is distributed fairly according to legal documents.
  
  
• Consider Buyout or Equalization Strategies: If multiple heirs inherit a property, one heir may buy out the others, or other assets can be distributed to balance the value.

Taking proactive steps can help families avoid unnecessary conflict and ensure that the inheritance process is smooth and fair.

The Role of Trusts in Property Inheritance

Trusts can be powerful estate planning tools for managing and transferring inherited property. They provide flexibility, tax advantages, and protection from legal complications. Here’s how they can help:

• Avoiding Probate: Property placed in a trust bypasses the probate process, allowing for a quicker and more private transfer to beneficiaries.
  
  
• Providing Asset Protection: Certain types of trusts can protect inherited property from creditors, lawsuits, or divorce settlements.
  
  
• Setting Conditions for Inheritance: Trusts allow owners to establish conditions for how and when beneficiaries can access the property, which is particularly useful for young or financially inexperienced heirs.
  
  
• Reducing Tax Liabilities: Trusts may offer strategies to minimize estate taxes and ensure that property is passed down with minimal financial burden.
  
  
• Ensuring Long-Term Management: If a property is to be maintained over generations, a trust can appoint a trustee to oversee its care and distribution.

For many families, establishing a trust is the best way to safeguard inherited property and ensure a smooth transition across generations.

Planning Ahead for a Seamless Property Inheritance

Inheriting property can be a complex process, but with proper planning, it doesn’t have to be overwhelming. Understanding the legal transfer process, tax implications, and available options can help heirs make informed decisions that align with their financial and personal goals. Taking proactive steps—such as setting up a trust, discussing estate plans with family, and working with an experienced estate planning attorney—can prevent disputes and create a clear path for future generations.

If you or your loved ones are navigating inherited property or looking to put a solid estate plan in place, we are here to help. Our experienced team can guide you through every step of the estate planning process, ensuring your assets are protected and your wishes are honored. Contact us today to start securing your family’s financial future.

As we age, the cost of long-term care becomes an increasing concern. Whether it’s assisted living, in-home care, or nursing home expenses, these costs can quickly deplete savings if not planned for in advance. Many individuals assume Medicare will cover their long-term care needs, but unfortunately, that’s not the case for most services. Without proper planning, families may find themselves facing difficult financial decisions. The good news is that there are strategies to help protect assets while ensuring access to quality care.

The Rising Costs of Assisted Living and Nursing Home Care

Long-term care costs have risen significantly over the past few decades, and they are expected to continue increasing. Consider these average annual costs:

• Assisted living facility: $50,000–$60,000
  
  
• Nursing home (semi-private room): $90,000–$100,000
  
  
• Nursing home (private room): $110,000+
  
  
• In-home care services: $25–$30 per hour
  
  

For many families, these expenses can be overwhelming, especially if care is needed for several years. Without a plan in place, assets like retirement savings, real estate, or other investments may need to be liquidated to cover the costs. This is why incorporating long-term care strategies into estate planning is essential.

Medicaid Planning and Asset Protection Strategies

Medicaid is one of the few government programs that covers long-term care costs, but qualifying for benefits requires careful planning. Because Medicaid has strict asset and income limits, many individuals mistakenly assume they must spend down all their savings before becoming eligible. However, there are legal strategies that allow individuals to protect their assets while still qualifying for Medicaid, including:

• Medicaid Asset Protection Trusts (MAPTs): These irrevocable trusts allow individuals to transfer assets while retaining some level of benefit, but they must be established at least five years before applying for Medicaid.
  
  
• Spousal Protections: The community spouse (the one not requiring care) can keep a portion of assets and income while the other spouse applies for Medicaid.
  
  
• Gifting Strategies: With proper planning, some assets can be transferred to children or other loved ones without jeopardizing Medicaid eligibility.
  
  
• Exempt Assets: Some assets, such as a primary residence (in certain cases), may be exempt from Medicaid calculations.

Proper Medicaid planning should be done well in advance to ensure eligibility without compromising financial security.

How Long-Term Care Insurance Fits into an Estate Plan

Long-term care insurance (LTCI) can play a vital role in preserving your estate while covering the costs of care. Unlike Medicaid, which requires meeting strict asset and income limits, LTCI allows individuals to maintain financial independence while still receiving quality care. Policies vary widely, but key benefits of long-term care insurance include:

• Coverage for Various Types of Care – LTCI can cover nursing home care, assisted living, in-home care, and adult day care services.
  
  
• Protecting Assets for Heirs – By offsetting care costs, LTCI helps preserve savings and assets that can be passed down to family members.
  
  
• Customizable Coverage – Some policies allow policyholders to select daily benefit amounts, coverage periods, and inflation protection.

Since premiums are typically lower when policies are purchased earlier in life, it’s wise to consider LTCI as part of a broader estate and retirement plan before health issues arise.

Using Trusts to Preserve Assets While Qualifying for Benefits

Trusts can be an essential tool for safeguarding assets while ensuring access to long-term care benefits. Depending on individual financial and family situations, different types of trusts can provide protection:

• Medicaid Asset Protection Trusts (MAPTs) – By transferring assets into an irrevocable trust at least five years before applying for Medicaid, individuals can meet Medicaid eligibility requirements without losing everything to care expenses.
  
  
• Revocable Living Trusts – These trusts allow assets to bypass probate and can include provisions for long-term care funding while providing more flexibility than irrevocable trusts.
  
  
• Special Needs Trusts – If a loved one receiving long-term care has a disability, a special needs trust can preserve their eligibility for government assistance while supplementing their care.

Trusts must be structured carefully to ensure compliance with Medicaid rules while achieving asset protection goals. Working with an estate planning attorney can help determine the right trust strategy for your situation.

Family Caregiving Considerations and Financial Planning

Many families prefer to keep care within the family rather than relying on outside facilities. While this can be a cost-saving approach, it comes with its own financial and legal challenges. Planning ahead for family caregiving can help avoid unnecessary stress and ensure that care responsibilities are fairly distributed. Important considerations include:

• Compensating a Family Caregiver – Establishing a formal caregiver agreement can provide financial support for a family member who takes on the role of caregiver.
  
  
• Coordinating Family Contributions – Some families choose to pool financial resources to cover care expenses, which should be structured carefully in legal agreements.
  
  
• Utilizing Government Programs – Some states offer Medicaid-funded programs that pay family caregivers for providing care at home.

Without a clear plan, caregiving can create financial strain and emotional stress among family members. Addressing these concerns in an estate plan ensures that care needs are met without unnecessary conflict.

Securing Your Future with a Thoughtful Long-Term Care Plan

The costs of long-term care can be staggering, but with proper planning, you can protect your estate while ensuring access to the care you or your loved ones may need. Whether through Medicaid planning, long-term care insurance, trusts, or family caregiving strategies, there are multiple ways to preserve assets while securing quality care.

At Donohue, O’Connell & Riley, we help individuals and families develop personalized estate plans that account for long-term care needs while maximizing asset protection. Our experienced team is here to guide you through the complexities of long-term care planning, ensuring that your financial legacy remains intact. Contact us today to discuss your options and create a plan that provides security for you and your loved ones.

Over the years, we have had the privilege to develop tax-efficient plans for clients from all walks of life. With this year’s tax season still fresh in the rear-view mirror, clients often ask us after the fact of how they can do better next year to optimize their personal and professional income tax picture. Like many other things in life, preparing and implementing these structures in advance is key to taking full advantage of the opportunities that are available. Many of these ideas can be implemented by almost anyone who is looking to trim their tax bill. Read on for some tax tips that are accessible, but can have game-changing impact that will put a spring in your step.

1. Asset Location

Don’t just think about asset allocation, think about asset location. Many investment advisors invest their client’s assets with the same allocation across all account types, without taking the tax characteristics of those accounts into consideration. Take, for example, the client whose assets are divided into a typical balanced portfolio, allocated 60% to equities, and 40% to fixed income. If a client employs the same strategy across both tax-deferred and taxable accounts, the tax-deferred account will miss out on a step-up in basis at the death of the taxpayer, while converting capital gains into ordinary income. Conversely, a client who owns fixed income securities in a taxable account will not benefit from a step-up in basis or perhaps a small one at best. Thus, when clients reach retirement age, we counsel them to hold their fixed income investments in their retirement accounts and keep their equity allocation in taxable accounts. With a potential basis step-up and a 0% capital gains tax rate for up to $94,050 for couples without significant other income, this could result in a substantial tax savings, for them and their families.

2. ROTH IRAs

Harnessing the power of tax-free compounded growth is perhaps one of the seven wonders of the financial world. The best gift you can give your child or grandchild is not a 529 college savings account but help funding a Roth IRA early in their career. A parent or grandparent who helps a child or grandchild contribute to a Roth IRA for four years from age 18–22, can expect him or her to have a retirement account worth over $3 million at age 72 without any further contributions. The only catch: the grandchildren must have earned income. Unlike a 529 plan, retirement savings are not considered an available asset to the student for financial aid purposes. The downside to Roth retirement accounts is that contribution levels are often limited. It is therefore important to start early, for example when young people are still in the process of training and earning degrees, and are in a relatively low income tax bracket. 529 accounts still have their place for those who do not expect to receive financial aid. Also, up to $35,000 of unused funds in a 529 plan can be converted to a Roth IRA under certain conditions.

If you want other creative ideas on paying for higher education, check out our booklet, “Solving the Higher Education Puzzle”.

3. health savings accounts

Health Savings Accounts can be leveraged into additional retirement savings. Nowadays, even people who have good quality health insurance can be eligible for contributions to a Health Savings Account. For a family, the 2025 deduction is $8,300. After age 55, a taxpayer can contribute an additional $1,000 dollars per year. Individual contributions are set at half that amount. These funds can be used tax-free at any time for qualified healthcare expenditures, making those expenditures deductible even if a taxpayer does not itemize. After age 65 they can be withdrawn much like a traditional IRA. A couple who contributes the maximum amount and invests the underlying funds in a broad-based index fund starting at age 50 would have over $1 million of HSA dollars at age 75. This could also be used as an alternative form of long-term care insurance and can fund nursing home care tax-free.

4. domicile

How your income is taxed in retirement can greatly affect your quality of life, so choose your retirement tax domicile wisely. Retirees should consider their own lifestyle choices and how this can impact retirement savings. For example, those who expect to buy big ticket items, such as cars and boats should look to jurisdictions with low or no sales tax. Conversely, those who have substantial amounts stored in a pre-tax retirement account should instead look to states that have low levels of income tax. Finally, for those of modest means, finding a state with low property taxes, where essentials such as food and clothing are not taxed in retirement, may prove the best
route possible. 

5. business ownership

If you don’t own your own business, consider starting one. While this may not be possible for everyone, the tax advantages to business owners are undeniable. By providing the ability to deduct expenses prior to the imposition of taxation, business owners have the ability to reduce their taxes through a number of means, including renting property they own to their business, writing off vehicles that are used in connection with the production of income, employing their children, and more. They can also setup retirement and profit-sharing accounts for themselves, their spouses and children.

6. charitable giving

Lifetime charitable giving gives the donor both an income and estate tax deduction at once, and along with the financial benefit, the donor receives the joy of seeing his or her charitable contribution go to work. If you have more money in your retirement account than you need, you can make a direct gift of up to $100,000 a year to a qualified charity without declaring the income from the retirement plan or needing to itemize deductions. For those in the top federal income tax bracket of about 40%, and with the estate tax bracket at 40%, this means that 80% of your charitable giving (or maybe more if you live in a state that assesses income and/or estate taxes) will be offset by tax savings. It’s a great way to redirect funds that would otherwise be mostly consumed by taxes to a worthy cause.