leaving family home to children

Factors to Consider when Leaving your Family Home to your Children


The family home is a testament to cherished memories, echoing with laughter, love, and shared experiences. As the custodian of this precious legacy, you might consider how to pass the family home to your children while safeguarding its significance and value. In this guide, we’ll navigate the path together, exploring strategies, considerations, and practical steps to ensure a seamless transition that preserves the heart and soul of your family’s abode.  Family home ownership is a part of the American Dream. It is often a family’s largest asset and a means of gaining an economic foothold. Many families who choose to leave their homes to their children hope to avoid probate, says the article “Leaving Your Home To Your Kids While Avoiding Probate Litigation” from Realty Biz News. Probate is the court-supervised process where a deceased person’s assets are examined, the will is reviewed, and beneficiaries and the executor are determined.

  1. Open Conversations and Shared Visions:   Begin by engaging in open and meaningful discussions with your children. Understand their wishes, plans, and emotional attachment to the home. Aligning everyone’s visions will lay a strong foundation for the transfer process.
  2. Professional Guidance:   Collaborate with estate planning experts, lawyers, and financial advisors specializing in real estate and inheritance matters. Their insights will help you navigate legal intricacies and make informed decisions.
  3. Explore Ownership Structures:  Evaluate different ownership structures, such as joint tenancy, tenancy in common, or creating a trust. Each has benefits and implications, so choose the structure that aligns with your family’s goals.
  4. Gift or Sale?   Decide whether to gift the home to your children or sell it to them at a fair market value. Consider potential tax implications, family dynamics, and financial circumstances when choosing.
  5. Plan for the Financial Aspect:    Assess the financial impact on both you and your children. Factor in property taxes, potential capital gains taxes, and any financial arrangements needed for a smooth transfer.
  6. Addressing Sibling Equity:  If you have multiple children, address potential concerns of fairness and equity. Clearly communicate your intentions and reasons behind your decisions to maintain family harmony.
  7. Document Everything:   Ensure that all legal documents accurately reflect your wishes, including deeds, trusts, and wills. Regularly review and update these documents to adapt to changing circumstances.
  1. Consider Life Estate:    A life estate allows you to retain the right to live in the home until your passing, after which ownership transfers to your children. This can provide security while ensuring the property’s eventual transfer.
  2. Communication is Key:    Maintain transparent communication with your children throughout the process. Keep them informed about your decisions, plans, and any potential changes.
  3. Preserving Family Traditions:   Share stories, traditions, and experiences associated with the home. Passing down these intangible treasures can enhance your children’s emotional bond with the property.


Passing the family home to your children is a profound act of love, nurturing not just a physical space, but a shared legacy. Combining thoughtful conversations, legal expertise, and a focus on maintaining family unity ensures that the transfer is harmonious and works legally and financially.  Call us; we can help you plan with our expertise in real estate, tax, and estate planning.

Reference: Realty Biz News (July 12, 2023) “Leaving Your Home To Your Kids While Avoiding Probate Litigation”

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