But what about keeping the cottage in the family? The cottage gift can become a financial punishment. Without some planning, leaving the cottage to your kids could mean also leaving them with a giant tax bill. TD’s Ian Lebane offers tax strategies.
Print Transcript
Welcome back.
00:00:04.500 --> 00:00:06.370 align:middle line:90%
We are talking about the family cottage.
00:00:06.370 --> 00:00:07.567 align:middle line:90%
It's your happy place.
00:00:07.567 --> 00:00:10.400 align:middle line:84%
It's been in the family for years,
and you want to keep it that way.
00:00:10.400 --> 00:00:13.066 align:middle line:84%
But passing down a family cottage
or a vacation home to children
00:00:13.066 --> 00:00:16.350 align:middle line:84%
can be sometimes complicated,
and if not handled properly,
00:00:16.350 --> 00:00:17.666 align:middle line:90%
can lead to some squabbles.
00:00:17.666 --> 00:00:21.320 align:middle line:84%
Ian Lebane is Will and
Estate Planner from TD Wealth.
00:00:21.320 --> 00:00:25.850 align:middle line:84%
He's here to walk us through some
of those potential complications.
00:00:25.850 --> 00:00:27.100 align:middle line:90%
It's so nice to have you here.
00:00:27.100 --> 00:00:28.240 align:middle line:90%
Thank you, Kim.
00:00:28.240 --> 00:00:30.810 align:middle line:84%
We were just talking with Diane, of
course, all these great properties that
00:00:30.810 --> 00:00:34.435 align:middle line:84%
are available right across the country, and
one thing she mentioned, one trend she saw,
00:00:34.435 --> 00:00:38.570 align:middle line:84%
is a lot of people looking at ways to pass
the cottage down, and doing it earlier.
00:00:38.570 --> 00:00:43.350 align:middle line:84%
We won't get that right away, but
is leaving the cottage in your will
00:00:43.350 --> 00:00:45.360 align:middle line:90%
to your family enough?
00:00:45.360 --> 00:00:47.070 align:middle line:90%
Is that-- are we done?
00:00:47.070 --> 00:00:49.250 align:middle line:90%
It can be, but often it's not.
00:00:49.250 --> 00:00:49.840 align:middle line:90%
OK.
00:00:49.840 --> 00:00:53.480 align:middle line:90%
When is it not enough to do that?
00:00:53.480 --> 00:00:58.350 align:middle line:84%
Well, if there's going to be disagreements
as to who should own the cottage,
00:00:58.350 --> 00:01:00.240 align:middle line:90%
if more than one child wants it.
00:01:00.240 --> 00:01:03.180 align:middle line:84%
If there's a big tax liability
attached to it, which is actually
00:01:03.180 --> 00:01:05.040 align:middle line:90%
one of the biggest issues I deal with.
00:01:05.040 --> 00:01:05.540 align:middle line:90%
Yeah.
00:01:05.540 --> 00:01:08.510 align:middle line:84%
Because that can really
strain the rest of the estate.
00:01:08.510 --> 00:01:14.520 align:middle line:84%
So if you want the cottage to go to one
of the beneficiaries, or shared intact,
00:01:14.520 --> 00:01:15.660 align:middle line:90%
there's a tax burden.
00:01:15.660 --> 00:01:16.810 align:middle line:90%
So let's talk about that.
00:01:16.810 --> 00:01:19.390 align:middle line:84%
So can you just give me a couple
examples, like what kind of tax burden
00:01:19.390 --> 00:01:20.306 align:middle line:90%
are you talking about?
00:01:20.306 --> 00:01:26.950 align:middle line:84%
A lot of people, Kim, bought cottages in
the '50s and '60s for really low amounts,
00:01:26.950 --> 00:01:29.962 align:middle line:84%
and they've really appreciated,
especially in some of the areas.
00:01:29.962 --> 00:01:32.003 align:middle line:84%
And I'm sure you heard
about the earlier segment.
00:01:32.003 --> 00:01:32.836 align:middle line:90%
Muskokas, and--yeah.
00:01:32.836 --> 00:01:36.740 align:middle line:84%
So the government taxes
it on the accrued gains.
00:01:36.740 --> 00:01:41.180 align:middle line:84%
So the cost base, as of 1972,
and you can imagine how low
00:01:41.180 --> 00:01:42.990 align:middle line:90%
that can be to what it's worth today.
00:01:42.990 --> 00:01:44.690 align:middle line:90%
The fair market value on the death.
00:01:44.690 --> 00:01:46.620 align:middle line:90%
$75,000 to and it was $1 million.
00:01:46.620 --> 00:01:48.240 align:middle line:90%
To, yeah, millions of dollars.
00:01:48.240 --> 00:01:48.820 align:middle line:90%
Yeah.
00:01:48.820 --> 00:01:49.778 align:middle line:90%
So what do you do then?
00:01:49.778 --> 00:01:50.980 align:middle line:90%
How do you manage that?
00:01:50.980 --> 00:01:55.660 align:middle line:84%
Well, one of the ways, and one of the
growing ways, I think, is life insurance.
00:01:55.660 --> 00:01:56.440 align:middle line:90%
OK.
00:01:56.440 --> 00:02:02.360 align:middle line:84%
So especially if both spouses own
the cottage and are passing it down,
00:02:02.360 --> 00:02:06.250 align:middle line:84%
they can buy life insurance called joint
last to die on the second death, which
00:02:06.250 --> 00:02:08.090 align:middle line:90%
is often more economical to buy it that way.
00:02:08.090 --> 00:02:09.910 align:middle line:90%
And that's when the tax liability is due.
00:02:09.910 --> 00:02:10.410 align:middle line:90%
Right.
00:02:10.410 --> 00:02:14.020 align:middle line:84%
So that way you've now matched
when the insurance benefit
00:02:14.020 --> 00:02:17.490 align:middle line:84%
proceeds are paid into the estate
to when the tax liability is due.
00:02:17.490 --> 00:02:18.840 align:middle line:90%
So that's one way.
00:02:18.840 --> 00:02:21.721 align:middle line:84%
Another way is to give
it to the children early,
00:02:21.721 --> 00:02:23.720 align:middle line:84%
give them a little advance
on their inheritance.
00:02:23.720 --> 00:02:24.220 align:middle line:90%
OK.
00:02:24.220 --> 00:02:28.490 align:middle line:84%
So you are pre-paying some of the tax,
but if the property is going up and up,
00:02:28.490 --> 00:02:30.960 align:middle line:84%
you're kind of arresting
that growth, and you're
00:02:30.960 --> 00:02:34.590 align:middle line:84%
foisting the rest of the capital gains
on the new owners, the new generation.
00:02:34.590 --> 00:02:36.650 align:middle line:90%
What are the pitfalls?
00:02:36.650 --> 00:02:41.180 align:middle line:84%
Well, one of them is sometimes
the kids have creditors.
00:02:41.180 --> 00:02:44.490 align:middle line:84%
So now there's an asset that
the creditors can realize on.
00:02:44.490 --> 00:02:48.990 align:middle line:84%
Sometimes they'll have spouses, and
then, if the marriage breaks up,
00:02:48.990 --> 00:02:51.760 align:middle line:84%
and they're a 1/4 owner
of this cottage, then that
00:02:51.760 --> 00:02:54.580 align:middle line:84%
can become part of the
marital family dispute.
00:02:54.580 --> 00:02:56.580 align:middle line:90%
OK, so I'm writing these down as we go.
00:02:56.580 --> 00:02:56.690 align:middle line:90%
Absolutely.
00:02:56.690 --> 00:02:57.970 align:middle line:90%
So let's talk about creditors, first.
00:02:57.970 --> 00:02:58.470 align:middle line:90%
Sure.
00:02:58.470 --> 00:03:01.425 align:middle line:84%
So how do you protect against your
children's creditors on that asset?
00:03:01.425 --> 00:03:02.800 align:middle line:90%
Because the last thing you want--
00:03:02.800 --> 00:03:04.008 align:middle line:90%
A question I get asked a lot.
00:03:04.008 --> 00:03:07.182 align:middle line:84%
I know, because you don't want your
cottage taken away from you because
00:03:07.182 --> 00:03:08.640 align:middle line:90%
of what's happening with your kids.
00:03:08.640 --> 00:03:13.280 align:middle line:84%
Well, one of the ways is-- you like
simple questions, I like simple answers,
00:03:13.280 --> 00:03:15.240 align:middle line:84%
and a possible one is
just to have a mortgage.
00:03:15.240 --> 00:03:17.450 align:middle line:90%
Have a take back mortgage.
00:03:17.450 --> 00:03:20.130 align:middle line:90%
Doesn't have to bear interest.
00:03:20.130 --> 00:03:22.960 align:middle line:84%
And I advise this to clients that
are just helping their children
00:03:22.960 --> 00:03:27.170 align:middle line:84%
buy a home, even apart from a cottage, is if
you're giving them money, or, in this case,
00:03:27.170 --> 00:03:32.100 align:middle line:84%
giving them a part or all of the cottage,
take a mortgage back for the value.
00:03:32.100 --> 00:03:33.760 align:middle line:90%
And then that's secured.
00:03:33.760 --> 00:03:37.060 align:middle line:84%
So then the creditors, or
spouses, whatever happens,
00:03:37.060 --> 00:03:40.310 align:middle line:84%
you can always get that money back,
because you're secured with that mortgage.
00:03:40.310 --> 00:03:40.810 align:middle line:90%
Right.
00:03:40.810 --> 00:03:42.200 align:middle line:90%
The increase will accrue to them.
00:03:42.200 --> 00:03:42.700 align:middle line:90%
Right.
00:03:42.700 --> 00:03:45.500 align:middle line:84%
But you'll at least get your--
they'll be protected to an extent,
00:03:45.500 --> 00:03:46.380 align:middle line:90%
and you'll be protected.
00:03:46.380 --> 00:03:46.880 align:middle line:90%
Right.
00:03:46.880 --> 00:03:50.580 align:middle line:84%
Now, what about the issue of
not spouses, but ex-spouses?
00:03:50.580 --> 00:03:55.310 align:middle line:84%
So you give it to your children,
the marriage dissolves--
00:03:55.310 --> 00:03:59.320 align:middle line:84%
let's say it's acrimonious, I mean, who
knows-- but I mean, the ex-spouse tries
00:03:59.320 --> 00:04:02.470 align:middle line:84%
to take a claim-- And this is not a
question of rightfully, wrongfully,
00:04:02.470 --> 00:04:05.850 align:middle line:84%
so I'm not getting into that--
but how do you manage that?
00:04:05.850 --> 00:04:07.310 align:middle line:90%
There are clauses in a will.
00:04:07.310 --> 00:04:11.100 align:middle line:84%
If you're leaving it to a married beneficiary
in a will, you can put a clause in the will
00:04:11.100 --> 00:04:16.709 align:middle line:84%
that the increase, or
the income, isn't shared.
00:04:16.709 --> 00:04:21.610 align:middle line:84%
And if you gift it to them
during your life, in marriage,
00:04:21.610 --> 00:04:24.410 align:middle line:84%
you can put something in there
that, any income from the property.
00:04:24.410 --> 00:04:26.826 align:middle line:84%
So this isn't just cottage
property, this is any property.
00:04:26.826 --> 00:04:27.350 align:middle line:90%
Right.
00:04:27.350 --> 00:04:31.430 align:middle line:84%
The capital value is excluded
married beneficiaries.
00:04:31.430 --> 00:04:34.060 align:middle line:84%
The real issue is when you give
it to a child that's unmarried,
00:04:34.060 --> 00:04:37.144 align:middle line:84%
and then they get married after,
there's less protection there,
00:04:37.144 --> 00:04:39.060 align:middle line:84%
and they should do a
prenup marriage contract.
00:04:39.060 --> 00:04:39.330 align:middle line:90%
Right.
00:04:39.330 --> 00:04:41.050 align:middle line:90%
And so that's something you would want.
00:04:41.050 --> 00:04:43.020 align:middle line:84%
In an ideal world, if you're
trying to protect the cottage,
00:04:43.020 --> 00:04:44.840 align:middle line:90%
you would have that put into the prenup.
00:04:44.840 --> 00:04:46.679 align:middle line:90%
Ask your children to put that in the prenup.
00:04:46.679 --> 00:04:48.595 align:middle line:84%
I'm sure all these
interesting conversations--
00:04:48.595 --> 00:04:49.000 align:middle line:90%
It's a tough ask, yeah.
00:04:49.000 --> 00:04:49.708 align:middle line:90%
It's a tough one.
00:04:49.708 --> 00:04:53.490 align:middle line:84%
--over the dinner table at the cottage,
I'm sure you could have these things.
00:04:53.490 --> 00:04:57.644 align:middle line:84%
What are other, I would say, typical bumps
that people face in situations like this?
00:04:57.644 --> 00:05:01.060 align:middle line:84%
I mean, you've run through quite a few of
them in terms of how people manage them.
00:05:01.060 --> 00:05:02.880 align:middle line:90%
But are there others?
00:05:02.880 --> 00:05:08.710 align:middle line:84%
I think sometimes overestimating the
value that the kids put on having
00:05:08.710 --> 00:05:10.520 align:middle line:90%
the cottage when the parents are gone.
00:05:10.520 --> 00:05:12.114 align:middle line:90%
So the parents love the cottage.
00:05:12.114 --> 00:05:13.280 align:middle line:90%
They think the kids love it.
00:05:13.280 --> 00:05:14.379 align:middle line:90%
The kids do go up there.
00:05:14.379 --> 00:05:16.670 align:middle line:84%
But one of the reasons the
kids are so enamored of it--
00:05:16.670 --> 00:05:17.000 align:middle line:90%
Because their parents are there.
00:05:17.000 --> 00:05:19.150 align:middle line:84%
--is because the parents
are paying all the expenses.
00:05:19.150 --> 00:05:20.980 align:middle line:90%
Not just there, but covering it, the repairs.
00:05:20.980 --> 00:05:21.060 align:middle line:90%
Ah.
00:05:21.060 --> 00:05:22.010 align:middle line:90%
They don't have to think about it.
00:05:22.010 --> 00:05:23.310 align:middle line:90%
I see this with my own kids.
00:05:23.310 --> 00:05:24.210 align:middle line:90%
Yeah.
00:05:24.210 --> 00:05:28.260 align:middle line:84%
And then suddenly, when it's in the
estate, and the parents aren't there,
00:05:28.260 --> 00:05:31.360 align:middle line:84%
and there's all these complicated will
clauses about the kids getting it,
00:05:31.360 --> 00:05:33.401 align:middle line:84%
and one kid buying it,
they don't really want it.
00:05:33.401 --> 00:05:37.780 align:middle line:84%
So as often as not, I'll say
to the client, just sell it.
00:05:37.780 --> 00:05:38.280 align:middle line:90%
Yeah.
00:05:38.280 --> 00:05:40.230 align:middle line:84%
And if one of your children
wants to buy it, they
00:05:40.230 --> 00:05:42.460 align:middle line:84%
can just buy it from the
estate like any third party,
00:05:42.460 --> 00:05:44.620 align:middle line:84%
and they can take it off their
inheritance, if there's a lot of it.
00:05:44.620 --> 00:05:45.030 align:middle line:90%
Right.
00:05:45.030 --> 00:05:47.200 align:middle line:84%
That's easier when there's
substantial other assets.
00:05:47.200 --> 00:05:47.640 align:middle line:90%
Right.
00:05:47.640 --> 00:05:51.098 align:middle line:84%
So if the child's getting a big inheritance,
they can either buy their own cottage,
00:05:51.098 --> 00:05:53.390 align:middle line:84%
or buy the one that their
parents has left in the will.
00:05:53.390 --> 00:05:56.848 align:middle line:84%
But if there isn't a lot of substantial
assets, it becomes a trickier conversation,
00:05:56.848 --> 00:05:57.420 align:middle line:90%
I'm sure.
00:05:57.420 --> 00:06:00.360 align:middle line:84%
Then it's a trickier-- if it
represents a large part of the estate,
00:06:00.360 --> 00:06:06.750 align:middle line:84%
then you might want to get a co-ownership
agreement, so you can leave it to your kids
00:06:06.750 --> 00:06:09.630 align:middle line:84%
in the will, as we call
it, tenants in common.
00:06:09.630 --> 00:06:12.760 align:middle line:84%
That's the legal parlance, but
really it just means co-owners.
00:06:12.760 --> 00:06:16.130 align:middle line:84%
And I would recommend you
get a co-ownership agreement.
00:06:16.130 --> 00:06:20.040 align:middle line:84%
I've had situations where, let's say there's
two brothers, and one of them was a teacher.
00:06:20.040 --> 00:06:21.830 align:middle line:90%
He was there in the summer all the time.
00:06:21.830 --> 00:06:25.420 align:middle line:84%
And the other brother was a busy
executive, and was never there.
00:06:25.420 --> 00:06:28.360 align:middle line:90%
But the expenses were split.
00:06:28.360 --> 00:06:29.810 align:middle line:90%
So you have these tensions.
00:06:29.810 --> 00:06:33.810 align:middle line:84%
And then, if one wants to get out,
and the other doesn't want to sell,
00:06:33.810 --> 00:06:35.310 align:middle line:90%
how does the one get his money out?
00:06:35.310 --> 00:06:36.010 align:middle line:90%
Yeah.
00:06:36.010 --> 00:06:36.534 align:middle line:90%
Yeah.
00:06:36.534 --> 00:06:37.200 align:middle line:90%
So that's tough.
00:06:37.200 --> 00:06:38.220 align:middle line:90%
The devil's in the details in this.
00:06:38.220 --> 00:06:42.199 align:middle line:84%
It's all in terms of managing and having, I
think, really honest and open conversations
00:06:42.199 --> 00:06:43.490 align:middle line:90%
about how to manage this stuff.
00:06:43.490 --> 00:06:44.410 align:middle line:90%
Ian, that was fantastic.
00:06:44.410 --> 00:06:45.535 align:middle line:90%
Thanks for the information.
00:06:45.535 --> 00:06:46.490 align:middle line:90%
Oh, you're welcome.
00:06:46.490 --> 00:06:47.120 align:middle line:90%
Ian Lebane.
00:06:47.120 --> 00:06:52.490 align:middle line:84%
He's a Will and Estate Planner with
Wealth Advisory Services at TD Wealth.
00:00:04.500 --> 00:00:06.370 align:middle line:90%
We are talking about the family cottage.
00:00:06.370 --> 00:00:07.567 align:middle line:90%
It's your happy place.
00:00:07.567 --> 00:00:10.400 align:middle line:84%
It's been in the family for years,
and you want to keep it that way.
00:00:10.400 --> 00:00:13.066 align:middle line:84%
But passing down a family cottage
or a vacation home to children
00:00:13.066 --> 00:00:16.350 align:middle line:84%
can be sometimes complicated,
and if not handled properly,
00:00:16.350 --> 00:00:17.666 align:middle line:90%
can lead to some squabbles.
00:00:17.666 --> 00:00:21.320 align:middle line:84%
Ian Lebane is Will and
Estate Planner from TD Wealth.
00:00:21.320 --> 00:00:25.850 align:middle line:84%
He's here to walk us through some
of those potential complications.
00:00:25.850 --> 00:00:27.100 align:middle line:90%
It's so nice to have you here.
00:00:27.100 --> 00:00:28.240 align:middle line:90%
Thank you, Kim.
00:00:28.240 --> 00:00:30.810 align:middle line:84%
We were just talking with Diane, of
course, all these great properties that
00:00:30.810 --> 00:00:34.435 align:middle line:84%
are available right across the country, and
one thing she mentioned, one trend she saw,
00:00:34.435 --> 00:00:38.570 align:middle line:84%
is a lot of people looking at ways to pass
the cottage down, and doing it earlier.
00:00:38.570 --> 00:00:43.350 align:middle line:84%
We won't get that right away, but
is leaving the cottage in your will
00:00:43.350 --> 00:00:45.360 align:middle line:90%
to your family enough?
00:00:45.360 --> 00:00:47.070 align:middle line:90%
Is that-- are we done?
00:00:47.070 --> 00:00:49.250 align:middle line:90%
It can be, but often it's not.
00:00:49.250 --> 00:00:49.840 align:middle line:90%
OK.
00:00:49.840 --> 00:00:53.480 align:middle line:90%
When is it not enough to do that?
00:00:53.480 --> 00:00:58.350 align:middle line:84%
Well, if there's going to be disagreements
as to who should own the cottage,
00:00:58.350 --> 00:01:00.240 align:middle line:90%
if more than one child wants it.
00:01:00.240 --> 00:01:03.180 align:middle line:84%
If there's a big tax liability
attached to it, which is actually
00:01:03.180 --> 00:01:05.040 align:middle line:90%
one of the biggest issues I deal with.
00:01:05.040 --> 00:01:05.540 align:middle line:90%
Yeah.
00:01:05.540 --> 00:01:08.510 align:middle line:84%
Because that can really
strain the rest of the estate.
00:01:08.510 --> 00:01:14.520 align:middle line:84%
So if you want the cottage to go to one
of the beneficiaries, or shared intact,
00:01:14.520 --> 00:01:15.660 align:middle line:90%
there's a tax burden.
00:01:15.660 --> 00:01:16.810 align:middle line:90%
So let's talk about that.
00:01:16.810 --> 00:01:19.390 align:middle line:84%
So can you just give me a couple
examples, like what kind of tax burden
00:01:19.390 --> 00:01:20.306 align:middle line:90%
are you talking about?
00:01:20.306 --> 00:01:26.950 align:middle line:84%
A lot of people, Kim, bought cottages in
the '50s and '60s for really low amounts,
00:01:26.950 --> 00:01:29.962 align:middle line:84%
and they've really appreciated,
especially in some of the areas.
00:01:29.962 --> 00:01:32.003 align:middle line:84%
And I'm sure you heard
about the earlier segment.
00:01:32.003 --> 00:01:32.836 align:middle line:90%
Muskokas, and--yeah.
00:01:32.836 --> 00:01:36.740 align:middle line:84%
So the government taxes
it on the accrued gains.
00:01:36.740 --> 00:01:41.180 align:middle line:84%
So the cost base, as of 1972,
and you can imagine how low
00:01:41.180 --> 00:01:42.990 align:middle line:90%
that can be to what it's worth today.
00:01:42.990 --> 00:01:44.690 align:middle line:90%
The fair market value on the death.
00:01:44.690 --> 00:01:46.620 align:middle line:90%
$75,000 to and it was $1 million.
00:01:46.620 --> 00:01:48.240 align:middle line:90%
To, yeah, millions of dollars.
00:01:48.240 --> 00:01:48.820 align:middle line:90%
Yeah.
00:01:48.820 --> 00:01:49.778 align:middle line:90%
So what do you do then?
00:01:49.778 --> 00:01:50.980 align:middle line:90%
How do you manage that?
00:01:50.980 --> 00:01:55.660 align:middle line:84%
Well, one of the ways, and one of the
growing ways, I think, is life insurance.
00:01:55.660 --> 00:01:56.440 align:middle line:90%
OK.
00:01:56.440 --> 00:02:02.360 align:middle line:84%
So especially if both spouses own
the cottage and are passing it down,
00:02:02.360 --> 00:02:06.250 align:middle line:84%
they can buy life insurance called joint
last to die on the second death, which
00:02:06.250 --> 00:02:08.090 align:middle line:90%
is often more economical to buy it that way.
00:02:08.090 --> 00:02:09.910 align:middle line:90%
And that's when the tax liability is due.
00:02:09.910 --> 00:02:10.410 align:middle line:90%
Right.
00:02:10.410 --> 00:02:14.020 align:middle line:84%
So that way you've now matched
when the insurance benefit
00:02:14.020 --> 00:02:17.490 align:middle line:84%
proceeds are paid into the estate
to when the tax liability is due.
00:02:17.490 --> 00:02:18.840 align:middle line:90%
So that's one way.
00:02:18.840 --> 00:02:21.721 align:middle line:84%
Another way is to give
it to the children early,
00:02:21.721 --> 00:02:23.720 align:middle line:84%
give them a little advance
on their inheritance.
00:02:23.720 --> 00:02:24.220 align:middle line:90%
OK.
00:02:24.220 --> 00:02:28.490 align:middle line:84%
So you are pre-paying some of the tax,
but if the property is going up and up,
00:02:28.490 --> 00:02:30.960 align:middle line:84%
you're kind of arresting
that growth, and you're
00:02:30.960 --> 00:02:34.590 align:middle line:84%
foisting the rest of the capital gains
on the new owners, the new generation.
00:02:34.590 --> 00:02:36.650 align:middle line:90%
What are the pitfalls?
00:02:36.650 --> 00:02:41.180 align:middle line:84%
Well, one of them is sometimes
the kids have creditors.
00:02:41.180 --> 00:02:44.490 align:middle line:84%
So now there's an asset that
the creditors can realize on.
00:02:44.490 --> 00:02:48.990 align:middle line:84%
Sometimes they'll have spouses, and
then, if the marriage breaks up,
00:02:48.990 --> 00:02:51.760 align:middle line:84%
and they're a 1/4 owner
of this cottage, then that
00:02:51.760 --> 00:02:54.580 align:middle line:84%
can become part of the
marital family dispute.
00:02:54.580 --> 00:02:56.580 align:middle line:90%
OK, so I'm writing these down as we go.
00:02:56.580 --> 00:02:56.690 align:middle line:90%
Absolutely.
00:02:56.690 --> 00:02:57.970 align:middle line:90%
So let's talk about creditors, first.
00:02:57.970 --> 00:02:58.470 align:middle line:90%
Sure.
00:02:58.470 --> 00:03:01.425 align:middle line:84%
So how do you protect against your
children's creditors on that asset?
00:03:01.425 --> 00:03:02.800 align:middle line:90%
Because the last thing you want--
00:03:02.800 --> 00:03:04.008 align:middle line:90%
A question I get asked a lot.
00:03:04.008 --> 00:03:07.182 align:middle line:84%
I know, because you don't want your
cottage taken away from you because
00:03:07.182 --> 00:03:08.640 align:middle line:90%
of what's happening with your kids.
00:03:08.640 --> 00:03:13.280 align:middle line:84%
Well, one of the ways is-- you like
simple questions, I like simple answers,
00:03:13.280 --> 00:03:15.240 align:middle line:84%
and a possible one is
just to have a mortgage.
00:03:15.240 --> 00:03:17.450 align:middle line:90%
Have a take back mortgage.
00:03:17.450 --> 00:03:20.130 align:middle line:90%
Doesn't have to bear interest.
00:03:20.130 --> 00:03:22.960 align:middle line:84%
And I advise this to clients that
are just helping their children
00:03:22.960 --> 00:03:27.170 align:middle line:84%
buy a home, even apart from a cottage, is if
you're giving them money, or, in this case,
00:03:27.170 --> 00:03:32.100 align:middle line:84%
giving them a part or all of the cottage,
take a mortgage back for the value.
00:03:32.100 --> 00:03:33.760 align:middle line:90%
And then that's secured.
00:03:33.760 --> 00:03:37.060 align:middle line:84%
So then the creditors, or
spouses, whatever happens,
00:03:37.060 --> 00:03:40.310 align:middle line:84%
you can always get that money back,
because you're secured with that mortgage.
00:03:40.310 --> 00:03:40.810 align:middle line:90%
Right.
00:03:40.810 --> 00:03:42.200 align:middle line:90%
The increase will accrue to them.
00:03:42.200 --> 00:03:42.700 align:middle line:90%
Right.
00:03:42.700 --> 00:03:45.500 align:middle line:84%
But you'll at least get your--
they'll be protected to an extent,
00:03:45.500 --> 00:03:46.380 align:middle line:90%
and you'll be protected.
00:03:46.380 --> 00:03:46.880 align:middle line:90%
Right.
00:03:46.880 --> 00:03:50.580 align:middle line:84%
Now, what about the issue of
not spouses, but ex-spouses?
00:03:50.580 --> 00:03:55.310 align:middle line:84%
So you give it to your children,
the marriage dissolves--
00:03:55.310 --> 00:03:59.320 align:middle line:84%
let's say it's acrimonious, I mean, who
knows-- but I mean, the ex-spouse tries
00:03:59.320 --> 00:04:02.470 align:middle line:84%
to take a claim-- And this is not a
question of rightfully, wrongfully,
00:04:02.470 --> 00:04:05.850 align:middle line:84%
so I'm not getting into that--
but how do you manage that?
00:04:05.850 --> 00:04:07.310 align:middle line:90%
There are clauses in a will.
00:04:07.310 --> 00:04:11.100 align:middle line:84%
If you're leaving it to a married beneficiary
in a will, you can put a clause in the will
00:04:11.100 --> 00:04:16.709 align:middle line:84%
that the increase, or
the income, isn't shared.
00:04:16.709 --> 00:04:21.610 align:middle line:84%
And if you gift it to them
during your life, in marriage,
00:04:21.610 --> 00:04:24.410 align:middle line:84%
you can put something in there
that, any income from the property.
00:04:24.410 --> 00:04:26.826 align:middle line:84%
So this isn't just cottage
property, this is any property.
00:04:26.826 --> 00:04:27.350 align:middle line:90%
Right.
00:04:27.350 --> 00:04:31.430 align:middle line:84%
The capital value is excluded
married beneficiaries.
00:04:31.430 --> 00:04:34.060 align:middle line:84%
The real issue is when you give
it to a child that's unmarried,
00:04:34.060 --> 00:04:37.144 align:middle line:84%
and then they get married after,
there's less protection there,
00:04:37.144 --> 00:04:39.060 align:middle line:84%
and they should do a
prenup marriage contract.
00:04:39.060 --> 00:04:39.330 align:middle line:90%
Right.
00:04:39.330 --> 00:04:41.050 align:middle line:90%
And so that's something you would want.
00:04:41.050 --> 00:04:43.020 align:middle line:84%
In an ideal world, if you're
trying to protect the cottage,
00:04:43.020 --> 00:04:44.840 align:middle line:90%
you would have that put into the prenup.
00:04:44.840 --> 00:04:46.679 align:middle line:90%
Ask your children to put that in the prenup.
00:04:46.679 --> 00:04:48.595 align:middle line:84%
I'm sure all these
interesting conversations--
00:04:48.595 --> 00:04:49.000 align:middle line:90%
It's a tough ask, yeah.
00:04:49.000 --> 00:04:49.708 align:middle line:90%
It's a tough one.
00:04:49.708 --> 00:04:53.490 align:middle line:84%
--over the dinner table at the cottage,
I'm sure you could have these things.
00:04:53.490 --> 00:04:57.644 align:middle line:84%
What are other, I would say, typical bumps
that people face in situations like this?
00:04:57.644 --> 00:05:01.060 align:middle line:84%
I mean, you've run through quite a few of
them in terms of how people manage them.
00:05:01.060 --> 00:05:02.880 align:middle line:90%
But are there others?
00:05:02.880 --> 00:05:08.710 align:middle line:84%
I think sometimes overestimating the
value that the kids put on having
00:05:08.710 --> 00:05:10.520 align:middle line:90%
the cottage when the parents are gone.
00:05:10.520 --> 00:05:12.114 align:middle line:90%
So the parents love the cottage.
00:05:12.114 --> 00:05:13.280 align:middle line:90%
They think the kids love it.
00:05:13.280 --> 00:05:14.379 align:middle line:90%
The kids do go up there.
00:05:14.379 --> 00:05:16.670 align:middle line:84%
But one of the reasons the
kids are so enamored of it--
00:05:16.670 --> 00:05:17.000 align:middle line:90%
Because their parents are there.
00:05:17.000 --> 00:05:19.150 align:middle line:84%
--is because the parents
are paying all the expenses.
00:05:19.150 --> 00:05:20.980 align:middle line:90%
Not just there, but covering it, the repairs.
00:05:20.980 --> 00:05:21.060 align:middle line:90%
Ah.
00:05:21.060 --> 00:05:22.010 align:middle line:90%
They don't have to think about it.
00:05:22.010 --> 00:05:23.310 align:middle line:90%
I see this with my own kids.
00:05:23.310 --> 00:05:24.210 align:middle line:90%
Yeah.
00:05:24.210 --> 00:05:28.260 align:middle line:84%
And then suddenly, when it's in the
estate, and the parents aren't there,
00:05:28.260 --> 00:05:31.360 align:middle line:84%
and there's all these complicated will
clauses about the kids getting it,
00:05:31.360 --> 00:05:33.401 align:middle line:84%
and one kid buying it,
they don't really want it.
00:05:33.401 --> 00:05:37.780 align:middle line:84%
So as often as not, I'll say
to the client, just sell it.
00:05:37.780 --> 00:05:38.280 align:middle line:90%
Yeah.
00:05:38.280 --> 00:05:40.230 align:middle line:84%
And if one of your children
wants to buy it, they
00:05:40.230 --> 00:05:42.460 align:middle line:84%
can just buy it from the
estate like any third party,
00:05:42.460 --> 00:05:44.620 align:middle line:84%
and they can take it off their
inheritance, if there's a lot of it.
00:05:44.620 --> 00:05:45.030 align:middle line:90%
Right.
00:05:45.030 --> 00:05:47.200 align:middle line:84%
That's easier when there's
substantial other assets.
00:05:47.200 --> 00:05:47.640 align:middle line:90%
Right.
00:05:47.640 --> 00:05:51.098 align:middle line:84%
So if the child's getting a big inheritance,
they can either buy their own cottage,
00:05:51.098 --> 00:05:53.390 align:middle line:84%
or buy the one that their
parents has left in the will.
00:05:53.390 --> 00:05:56.848 align:middle line:84%
But if there isn't a lot of substantial
assets, it becomes a trickier conversation,
00:05:56.848 --> 00:05:57.420 align:middle line:90%
I'm sure.
00:05:57.420 --> 00:06:00.360 align:middle line:84%
Then it's a trickier-- if it
represents a large part of the estate,
00:06:00.360 --> 00:06:06.750 align:middle line:84%
then you might want to get a co-ownership
agreement, so you can leave it to your kids
00:06:06.750 --> 00:06:09.630 align:middle line:84%
in the will, as we call
it, tenants in common.
00:06:09.630 --> 00:06:12.760 align:middle line:84%
That's the legal parlance, but
really it just means co-owners.
00:06:12.760 --> 00:06:16.130 align:middle line:84%
And I would recommend you
get a co-ownership agreement.
00:06:16.130 --> 00:06:20.040 align:middle line:84%
I've had situations where, let's say there's
two brothers, and one of them was a teacher.
00:06:20.040 --> 00:06:21.830 align:middle line:90%
He was there in the summer all the time.
00:06:21.830 --> 00:06:25.420 align:middle line:84%
And the other brother was a busy
executive, and was never there.
00:06:25.420 --> 00:06:28.360 align:middle line:90%
But the expenses were split.
00:06:28.360 --> 00:06:29.810 align:middle line:90%
So you have these tensions.
00:06:29.810 --> 00:06:33.810 align:middle line:84%
And then, if one wants to get out,
and the other doesn't want to sell,
00:06:33.810 --> 00:06:35.310 align:middle line:90%
how does the one get his money out?
00:06:35.310 --> 00:06:36.010 align:middle line:90%
Yeah.
00:06:36.010 --> 00:06:36.534 align:middle line:90%
Yeah.
00:06:36.534 --> 00:06:37.200 align:middle line:90%
So that's tough.
00:06:37.200 --> 00:06:38.220 align:middle line:90%
The devil's in the details in this.
00:06:38.220 --> 00:06:42.199 align:middle line:84%
It's all in terms of managing and having, I
think, really honest and open conversations
00:06:42.199 --> 00:06:43.490 align:middle line:90%
about how to manage this stuff.
00:06:43.490 --> 00:06:44.410 align:middle line:90%
Ian, that was fantastic.
00:06:44.410 --> 00:06:45.535 align:middle line:90%
Thanks for the information.
00:06:45.535 --> 00:06:46.490 align:middle line:90%
Oh, you're welcome.
00:06:46.490 --> 00:06:47.120 align:middle line:90%
Ian Lebane.
00:06:47.120 --> 00:06:52.490 align:middle line:84%
He's a Will and Estate Planner with
Wealth Advisory Services at TD Wealth.