Finance

Why Real Estate Wealth Requires Special Estate Planning

Mike Bascom

For many families, real estate represents their largest source of wealth. In some cases, the family home or a small portfolio of investment properties accounts for more of a household’s net worth than retirement accounts, savings, or investment portfolios.

Over the past decade, that concentration has intensified. Home prices have risen sharply in many regions, particularly in high-cost housing markets, leaving many homeowners with substantial equity tied up in property.

While that appreciation has strengthened household balance sheets, it has also created new planning challenges. Unlike financial assets, real estate is inherently illiquid. It cannot be easily divided among heirs, quickly converted to cash, or managed passively if the owner becomes incapacitated.

Without careful estate planning, families with significant real estate holdings may face difficult choices—forced property sales, delays in decision-making, tax complications, or disputes among heirs.

As housing wealth continues to grow and the population ages, real estate has become one of the most complex assets to manage within an estate plan.

Illiquidity Can Create Pressure at the Worst Possible Time

One of the most common risks associated with real estate wealth is liquidity—or the lack of it.

A property may represent significant value on paper, but that value cannot be accessed quickly without refinancing or selling the asset. When expenses arise unexpectedly, families can find themselves “asset rich but cash poor.”

This dynamic becomes especially important during periods of incapacity or after death, when families must cover immediate expenses such as medical care, taxes, insurance, and property maintenance.

In these situations, heirs sometimes face pressure to sell property quickly simply to generate liquidity. A rushed sale can undermine long-term goals, particularly if family members intend to retain the property or transfer it across generations.

Estate planning often focuses on transferring assets efficiently. But when real estate is involved, liquidity planning becomes just as important.

Property Ownership Complicates Incapacity Planning

Real estate ownership also raises practical issues when an owner becomes unable to manage their affairs.

Unlike financial accounts that can be monitored or adjusted remotely, property requires ongoing oversight. Someone must ensure that property taxes are paid, insurance coverage remains active, maintenance issues are addressed, and, in the case of rental properties, tenants are managed appropriately.

If the property owner becomes incapacitated and no one has legal authority to act on their behalf, these routine responsibilities can become difficult to manage.

Without a properly drafted power of attorney or a trust structure that allows for management during incapacity, family members may need to seek court approval before making decisions about the property. That process can delay necessary action and add financial and administrative burdens during an already stressful time.

Placing real estate within a coordinated estate plan helps ensure that someone has the authority to manage or transfer property if circumstances change.

Tax Outcomes Depend on How Property Transfers

Real estate also raises unique tax considerations that can significantly affect heirs.

Under current federal tax law, assets transferred at death generally receive a “step-up in basis.” This adjustment resets the property’s tax basis to its fair market value at the time of death, which can substantially reduce capital gains taxes if heirs later sell the property.

For families holding highly appreciated real estate, this rule can preserve a significant amount of wealth.

However, the tax outcome can change depending on how the property is transferred. Certain lifetime transfers, ownership structures, or gifting strategies may alter how basis rules apply.

The Internal Revenue Service provides detailed guidance on asset basis and estate tax considerations, emphasizing the importance of aligning ownership structures with tax planning strategies.

Without coordination, well-intentioned decisions, such as transferring property during life, can unintentionally increase tax exposure for heirs.

Dividing Property Among Heirs Is Rarely Simple

Another challenge arises when families attempt to distribute real estate fairly.

Financial accounts can be divided easily among multiple beneficiaries. Property is more difficult to split.

Heirs may have different perspectives on what should happen to the property. One sibling may want to keep a family home for sentimental reasons, while others may prefer to sell and divide the proceeds. In other cases, heirs may disagree on whether to maintain or liquidate rental properties.

These disagreements can delay decision-making and sometimes lead to disputes if expectations are not clearly defined in advance.

Estate planning can address these challenges by establishing clear instructions for how properties should be handled, whether through sale, transfer, or continued shared ownership.

Long-Term Care Often Drives Real Estate Decisions

As Americans live longer, another factor increasingly affects real estate planning: long-term care costs.

For many households, home equity represents the primary financial resource available to pay for assisted living, skilled nursing care, or extended medical support later in life.

Decisions about whether to sell, refinance, or retain property may depend on how care expenses evolve.

When these decisions arise suddenly, families may struggle to determine who has authority to act or what options are available. Clear incapacity planning can help ensure that property decisions are made deliberately rather than under pressure.

Rental Properties Introduce Additional Complexity

For families who own rental or investment properties, estate planning becomes even more complex.

Income-producing real estate functions much like a small business. It requires ongoing management of leases, maintenance, tax reporting, and tenant relationships. If the owner becomes unable to manage these responsibilities, continuity planning becomes essential.

Without a clear management structure, rental income may be disrupted, or properties may fall into disrepair.

Planning ahead allows families to designate who will manage these responsibilities or how ownership should transition if circumstances change.

Planning Tools Can Preserve Flexibility

Fortunately, several estate planning strategies can help address the challenges associated with real estate wealth.

Many families use revocable living trusts to hold property, allowing it to be managed during incapacity and transferred without the delays associated with probate. Carefully drafted powers of attorney can grant trusted individuals the authority to manage, refinance, or sell property if necessary.

In some cases, restructuring ownership or developing a liquidity strategy may also help reduce the likelihood of forced sales.

The goal is not simply to transfer property efficiently, but to preserve flexibility so families can make thoughtful decisions about how property should be managed or passed down.

Who Should Be Paying Attention Now

The need for coordinated planning increases when a significant portion of a family’s wealth is tied to real estate.

This is particularly relevant for homeowners in high-value housing markets, individuals whose home represents most of their net worth, rental property owners, and families hoping to keep property across generations.

As property values rise, the financial stakes of real estate planning increase as well.

Conclusion

Real estate has long been viewed as a cornerstone of wealth building. For many families, it represents stability, long-term appreciation, and the possibility of leaving a meaningful legacy.

But real estate also brings unique challenges.

Its illiquidity, tax implications, and management responsibilities make it one of the most complex assets in an estate. Without careful planning, families may face difficult decisions at exactly the wrong time.

A well-designed estate plan addresses these risks by coordinating authority, liquidity, and tax strategy—helping families preserve both the value of their property and the flexibility to make decisions when circumstances change.

Sources

Internal Revenue Service

American Bar Association

National Law Review

Urban Institute

Mike Bascom is the founder and senior attorney at Bascom Law, P.C., focused on estate and elder law. He represents clients in wills, trusts, asset protection, and tax strategies. Known throughout the industry for his expertise, Mike also teaches estate planning topics to professionals and devotes his time to serving families and businesses throughout Georgia.

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