By Elizabeth A. Caruso, Esq.

We have a Cape house that I want to leave to just one child; they will share with their siblings. This is fine, right?

Wrong!

This is a sure-fire way to bring arguments and turmoil into your family.

For many families, a vacation home, whether it’s a cottage on Cape Cod or a lakeside cabin in the Berkshires, is more than just real estate. It’s a place full of memories, laughter, and connection. But without proper planning, that beloved spot can also become a source of stress, conflict, and unnecessary expense after you’re gone. Placing your second home in a trust is one of the best ways to protect it for future generations while avoiding the pitfalls of probate and family disputes.

Why a trust makes sense

When a property is owned in your individual name, it must go through probate after you pass away. Probate is the court-supervised process of transferring assets, and it can be time-consuming, public, and costly. Having your vacation home titled in the name of a revocable trust allows it to pass directly to your chosen beneficiaries without court involvement. Having your vacation home titled in the name of an irrevocable trust avoids probate and starts the look-back period for Medicaid eligibility. This means your family gains immediate access and clarity; no waiting, no court filings, and no uncertainty about ownership.

Preventing family disagreements

Deciding who gets to use the lake house in July or who pays for the new roof can get complicated, especially among siblings, but these issues are inevitable. Unless the house is big enough for everyone, disputes over who can use it and when may arise. Additionally, owning real estate means that there are repairs and upgrades that sometimes need to be made.

A carefully written trust can spell out exactly:

• Who may use the home and when (for example, a rotating schedule or assigned weeks)

• Who is responsible for maintenance and expenses

• How major decisions, like renting, selling, or renovating the property, will be made

• What happens if one family member no longer wants to participate

By putting these terms in writing, you minimize misunderstandings and resentment later.

Keeping the property sustainable

A trust can also ensure the home remains financially sustainable. The document can set aside funds for upkeep or require each beneficiary to contribute an annual amount for taxes, insurance, and repairs. You can even appoint a trustee, a person or professional who oversees management, settles disputes, and keeps things running smoothly.

Creating a trust for your vacation home is not just about avoiding legal red tape; it’s about protecting relationships and preserving a meaningful part of your family’s story. By planning ahead, you can make sure your children and grandchildren continue to enjoy the property for years to come, without the headaches that come with conflict and uncertainty. An elder law attorney can help you craft a trust that will work for your family’s specific circumstances.

About the Author: Elizabeth A. Caruso, Esq. is an attorney at Legacy Legal Planning, LLC, in Norwell. She has been practicing estate planning, probate, and elder law on the South Shore for more than a decade. If this article has sparked questions for you, please feel free to reach out via phone 781-971-5900 or email client@legacylegalplanning.com to schedule a time to discuss your unique situation. planning