Last Updated on February 5, 2020
Real Estate Inheritance
Real estate inheritance has the potential for creating family dispute, but setting up a limited liability company (LLC) can help you avoid this. Find out the steps you should take.
Michael Morgan’s beach front cottage in Sag Harbor, NY was a cash cow from seasonal rentals and a mainstay of his IRA investments. Before he passed away in June, Mr. Morgan and his three adult children worked with an IRA Financial Group lawyer to set up a limited liability company for his IRA that would own the cottage. His children now jointly manage the inherited IRA LLC and follow the rules of an operating agreement that allows them to continue renting the home while conforming to IRS rules that require beneficiaries to take minimum distributions.
The plan gave the family a system for keeping the cottage under family ownership with the tax deferred income paying for upkeep and taxes until the children decide when to take the home as a distribution, pay the fair market value taxes and simply enjoy the home as a family vacation destination.
How to Simplify Transfer of Ownership
A detailed plan made the transfer of ownership easier and establishes rules that will help prevent bitter family conflicts down the road, experts say. The first step is figuring out who is — and isn’t — interested in inheriting the cottage. For instance, children who live far away from the property and don’t earn much, or have a vacation home of their own may not be interested in the cottage and want a sale to provide needed income.
By choosing the self-directed IRA real estate structure from IRA Financial Group’s attorneys and putting together a plan that fits their family’s circumstances, the real estate inheritance was a smooth process and the Morgan heirs have the luxury of time to make the right decisions.
Here’s how it works:
The Self-Directed IRA structure has become a popular choice for gaining total investment control (“Checkbook Control”) over IRA funds and making investments tax-free. IRA Financial Group’s Self-Directed IRA LLC solution, which provides checkbook control, is tax court and IRS approved. A special purpose limited liability company (LLC) is established that the IRA account owns and is managed by the IRA account holder – which is you.
Work with a Passive Custodian
The IRA Custodian, a self-directed IRA LLC passive custodian, then transfers your retirement funds to the new IRA LLC’s bank account. This account can be opened at any local bank, providing you with “checkbook control” over your IRA funds. When you find an investment that you want to make with your IRA funds, as manager of the LLC, you will simply write a check or wire the funds from your Self-Directed IRA LLC bank account to make the investment. All investment income and gains will flow back to your Self-Directed IRA Tax-Free! The Self Directed IRA with checkbook control allows you to eliminate the delays and costs that comes with an IRA custodian, so you can act quickly when the right investment opportunity presents itself
Get in Touch
If you would like to know more about the self-directed IRA when you inherit real estate property, call IRA Financial Group directly at 800-472-0646. You can also fill out the form above or on our contact page to get in touch with a certified IRA specialist.
We look forward to assisting you.