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Estate Planning With Rental Property

Knowledgeable Houston Estate Planning Lawyers Serving Landlords Throughout Texas

Rental properties are a common investment that can provide asset diversification, reliable income, and, hopefully, capital appreciation. However, landlords also face some significant financial risks when renting a property. At the Houston rental property estate planning law firm of McCulloch & Miller, PLLC, our knowledgeable team of attorneys helps landlords address these risks and develop a plan to ensure the smooth operation of the property for years to come. 

Why a Landlord Needs a Rental Property Estate Planning Lawyer

When you consider purchasing a rental property, your immediate focus is on ensuring that the property turns a profit month after month. While this is undoubtedly an important aspect of managing an effective rental portfolio, landlords should also keep an eye on the future. Estate planning for business owners raises unique challenges. Landlords are no exception. Below are a few of the most important estate planning considerations for landlords.

Avoiding Personal Liability

Landlords may face personal liability for any financial obligation related to the operation of their rental properties. So, if a tenant or another person is seriously injured on your property, they could come after your personal assets. Also, if you are faced with unexpected creditors of your own, those creditors might try to take your interests in your rental properties

By working with an experienced estate planner, you can learn how to protect yourself through the use of corporate structures while minimizing the taxes and administrative burden of running one or more corporate entities.  Also, you can learn how to protect your investment from unforeseen creditors or lawsuits you might face in the future.  Proper planning is key to protect your investment and to protect yourself from your investment.

Planning for Incapacity

Operating a rental property takes a lot of work. Collecting rent, signing leases, transferring assets, and staying on top of tax obligations and maintenance, to name just a few. If you manage a rental property, who will step into your shoes if you cannot fill the role due to sudden disability or incapacitation? While there may be people willing to manage the property if you are unable to do so, they may be legally prevented from acting on your behalf. Working with an experienced legal planner can make sure the right people are empowered to ensure your investment is maintained and maximized for you and your intended beneficiaries. 

Preserving Future Income

Few landlords consider what will happen to the income generated through their rental properties once they pass on. In most cases, landlords either leave the property to their loved ones through their last will and testament, transfer the property into a Limited Liability Company, or place the property into a trust. Each option provides certain benefits; however, which is best for your situation will depend on your specific situation. For example, leaving a property to family members in a will takes the least effort upfront but does nothing to avoid the potentially lengthy probate process or disputes amongst your heirs. By engaging in a bit of advance planning, landlords can simply transfer the ownership with detailed instructions, providing clarity and reducing the burdens placed upon loved ones. 

With a little forethought, landlords can create a comprehensive plan to address the future of their rental portfolio. A estate planning lawyer well versed in rental property assets is instrumental in helping landlords identify their options and implementing an effective plan for the future. 

Contact the Rental Property Estate Planning Attorneys at McCulloch & Miller, PLLC

If you operate one or more rental properties, it is important that you not only have a backup plan in the event of the unexpected but also that you have a plan for the inevitable. At the Houston estate planning law firm of McCulloch & Miller, PLLC, we have helped countless business owners and landlords address the risks of maintaining rental properties. 

We offer all prospective clients a free legal consultation to help you identify your risks and long-term goals. From there, we will devise a comprehensive plan that will provide you and your family with much-needed peace of mind well into the future. To learn more, and to schedule a free consultation with one of the Houston rental property estate planning lawyers at McCulloch & Miller, PLLC, give us a call at (713) 333-8900 today. You can also reach us through our online form.

Client Reviews
★★★★★
"In late February, 2020, I needed to file from out of state for successor Letters Testamentary in Harris County for my father's estate. The attorney I used, Ryan Cook, returned my call promptly, gave me the option of hourly or flat rate fee, explained what would be involved, then let his paralegal and other staff handle most of the contact with me. I worked with Crystal. She was very responsive and tech savvy. As the pandemic hit and communication everywhere was getting difficult and the probate court had limited access, these women continued to stay in touch and help me through the process, with us all working remotely. We were all experiencing a new way of being in the world and all three of them handled it with grace, humanity and efficiency." L.B.
★★★★★
"I would highly recommend this law firm because of their caring and professional staff. Mr. David Miller and Crystal Collins have gone above and beyond to help our family get all our elderly parents legal paperwork up to date. We are extremely appreciative for all they have done for us." A.B.
★★★★★
"I engaged the services of McCulloch & Miller to assist me with the difficult task of navigating Medicaid eligibility requirements for a close family member. I found them to be knowledgeable and thorough. Working with Darby was a pleasure. She took the worry and aggravation of dealing with a government entity off my shoulders. I highly recommend McCulloch and Miller for eldercare issues." B.S.
★★★★★
"We needed assistance with a Medicaid application and McCulloch & Miller were extremely helpful and expedited the paperwork promptly. We also greatly appreciated the professionalism, and caring manner in which Darby handled our case. If you need assistance, we highly recommend this firm!" P.M.