Tax season has a way of sneaking up on us, no matter how prepared we think we are. As self-managing landlords, we juggle property maintenance, tenant communications, and rent collection—all while keeping up with our books. If you’re anything like me, you’ve had at least one of those years where tax time rolls around, and you’re scrambling to gather receipts, track expenses, and make sense of your income statements.
That’s exactly why I turned to QuickBooks back in 2016, and I can confidently say it’s been a game-changer. If you’re a landlord who’s been procrastinating on bookkeeping or tax prep, QuickBooks can be the tool that saves you time, organizes your financials, and helps you file your taxes without the last-minute panic.
Better yet, when you sign up through our partner link (https://quickbooks.partnerlinks.io/3ypecmaw68nx), you’ll get 30% off for six months and 30 days of QuickBooks Live Expert Assisted, where a professional can help you get everything set up correctly. This is especially beneficial if you are setting up an accounting system for the first time and need assistance with such areas as creating your chart of accounts (numbers assigned to your income, expenses, etc.).
QuickBooks: A Time-Saving Tax Prep Tool for Landlords
When you own rental properties, bookkeeping can quickly become overwhelming—especially if you manage multiple units. With QuickBooks, you can streamline your financial tracking, organize expenses, and ensure your tax filings are accurate and stress-free.
Here’s how QuickBooks can make the tax season easier:
1. Expense Tracking & Organization
One of the biggest headaches for landlords is keeping track of expenses. Property repairs, utility bills, HOA fees, and even mileage for property visits all of these need to be logged for accurate tax deductions. With QuickBooks, you can:
- Connect your bank accounts so transactions are automatically imported and categorized.
- Scan receipts on the go with the mobile app, ensuring nothing gets lost.
- Tag expenses to specific properties for easy end-of-year reporting.
No more shuffling through a pile of receipts or manually entering numbers into spreadsheets at the last minute!
2. Invoicing & Rent Collection
Manually tracking rent payments and late fees can be tedious, but QuickBooks helps automate the process. As a landlord, you can:
- Invoice tenants directly for rent, utilities, or other charges.
- Schedule recurring invoices for the entire lease term so tenants receive their rent reminders automatically each month.
- Apply automatic late fees if payments aren’t made on time (depending on your lease agreement and local laws).
This automation means you spend less time chasing payments and more time focusing on growing your rental business.
3. Organizing Multiple Properties with Tags & Classes
If you manage more than one property, QuickBooks makes it easy to keep track of financials for each unit. The Tags and Classes feature allows you to:
- Assign income and expenses to specific properties or units.
- Generate separate reports for each rental to see which properties are most profitable.
- Make tax preparation seamless by categorizing deductions correctly.
Instead of scrambling to separate transactions for each property, everything is neatly organized from the start.
4. CPA Access & Seamless Tax Filing
One of my favorite features of QuickBooks Online is the ability to grant access to my CPA. Rather than gathering reports, printing statements, and emailing spreadsheets back and forth, my CPA can log in directly and extract all necessary information for tax preparation.
This means:
- Less stress for me. No more last-minute scrambling to compile documents.
- More accurate tax filing since everything is properly categorized throughout the year.
- Potential savings because my CPA spends less time sorting through my records, reducing billable hours.
Don’t Wait Until the Last Minute—Start Using QuickBooks Today!
If you’ve been managing your rental property finances manually or dreading tax season, now is the perfect time to switch to QuickBooks. Not only does it help with tax prep, but it also simplifies day-to-day bookkeeping, invoicing, and expense tracking.
And remember—when you sign up through our partner link (https://quickbooks.partnerlinks.io/3ypecmaw68nx), you’ll receive 30% off for six months and 30 days of QuickBooks Live Expert Assisted to help you get started with expert guidance.
Save yourself time, reduce stress, and make tax season a breeze with QuickBooks. Trust me, your future self will thank you!
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By John Triplett
As the economy grows and the job market remains strong, what will 2025 look like for the multifamily industry?
“We expect multifamily advertised rents to increase moderately in 2025, by 1.5% nationally,” writes Yardi Matrix writes in its winter report. “Many of the underlying conditions that drove strong demand should persist in 2025. Most notably, weak buying power and the high costs of homeownership continue to keep potential buyers in apartments longer.”
While 2025 looks good, the market faces some questions, “including the impact of potential economic policy changes, how long it will take to absorb deliveries in high-growth Sun Belt markets, and whether interest rates will fall enough to revive transactions and avoid distress,” the company says in the Multifamily Outlook for 2025.
Changes Are Coming In 2025
Yardi Matrix says the incoming Donald Trump administration will implement a new policy course.
“Some campaign policies such as relaxing regulations, eschewing rent control and reducing taxes should have a positive impact on multifamily. However, tariff threats and promises of large-scale deportations could raise prices and lower apartment demand,” the report says.
Highlights of the report
- In terms of advertised rents, metros in the Northeast and Midwest will continue to lead, boosted by positive demand and weak supply growth.
- The large number of properties under construction will support robust supply growth again in 2025, but the dwindling number of starts will stifle deliveries in 2026 and 2027.
- Supply growth is distributed unevenly, as 12 to 15 high-growth markets account for a large percentage of deliveries.
- At the same time, a national housing shortage has built up over decades, making development necessary to address affordability.
- Activity in capital markets will be heavily dependent on the direction of interest rates. Increased trading activity is expected in 2024, but rate cuts likely won’t be fast or deep enough for a strong rebound in 2025.
- At the same time, rate cuts won’t be enough to significantly alter the loan-default issue. Some loans that have been extended in the hope of imminent lower rates will default, though that cohort is not expected to be large enough to create a systemic crisis.
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The Elephant in the Room?
Yardi Matrix says, “The elephant in the room for the forecast: a new administration that promises to bring about numerous policy changes. Growth should benefit from some new policies” such as extension of tax cuts and relaxing of some regulations.
- The government is likely to drop regulation of multifamily-fee management, while policies that stymie development will be loosened or not strictly enforced, and funding of affordable housing programs such as opportunity zones and the Low-Income Housing Tax Credit should remain intact or be expanded.
- The President-elect has also expressed his willingness to open some federal land to housing construction, which will reduce costs, as land prices alone can be significant barriers for developers.
“But some proposed policies could be detrimental to multifamily housing. Trump’s tariffs could not only elevate overall inflation but increase the cost of building materials, which could hinder development and possibly lead to retaliation from other countries.
“Also, higher costs could inhibit the Federal Reserve from cutting interest rates, which are such a key hurdle to commercial real-estate transactions.
The campaign promise for large-scale deportations of undocumented immigrants is another policy with potential negative impact as it could reduce housing demand and construction workers and introduce other areas of uncertainty. “Immigration, both legal and illegal, has been a source of demand for multifamily,” Yardi Matrix writes in the report.
The Work-from-Home Question
Work-from-home is another driver of rental demand, even as calls to return to the office become more prevalent.
Roughly two-thirds of office workers are either hybrid or fully remote, which translates into more people wanting space for home offices. Work-from-home also boosts demand in suburbs and less expensive metros.
Read the full report from Yardi Matrix here.
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Provided by SMI Property Management
Investing in real estate can be a rewarding venture, yet managing properties effectively is crucial for maximizing returns. Professional property management can provide significant benefits that enhance your investment. Here are three key ways property management can improve your real estate investment.
1. Enhanced Tenant Screening and Retention
One of the most critical aspects of property management is finding and retaining quality tenants. A professional property management company employs thorough screening processes to ensure that prospective tenants are financially stable and reliable. This includes background checks, credit evaluations, and rental history reviews.
By securing responsible tenants, property managers can reduce turnover rates, which minimizes the costs associated with vacancy periods and re-leasing of properties. Additionally, good property managers implement effective communication strategies and responsive maintenance services, contributing to tenant satisfaction and retention. Happy tenants are more likely to renew their leases, ensuring a steady income stream.
2. Streamlined Maintenance and Repairs
Maintenance issues can quickly escalate and impact your bottom line if not addressed promptly. Property management firms have established networks of reliable contractors and service providers, ensuring that maintenance and repairs are handled efficiently and cost-effectively.
Routine maintenance, emergency repairs, and preventative measures are all part of a comprehensive property management strategy. By proactively addressing issues, property managers can maintain property value, prevent larger problems from arising, and enhance the overall tenant experience. This not only helps in retaining tenants but also preserves the long-term value of your investment.
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3. Effective Marketing and Rent Pricing Strategies
Setting the right rent price is essential to attract tenants while maximizing returns. Property managers utilize market analysis to determine competitive rental rates based on location, amenities, and current market trends. Their expertise allows for strategic pricing that reflects the property’s value and ensures consistent cash flow.
Moreover, property management companies implement effective marketing strategies to promote your property. This includes listing on multiple platforms, professional photography, and engaging descriptions to reach a broader audience. An experienced property manager knows how to position your property in the market, increasing visibility and attracting potential tenants quickly.
Conclusion
Investing in real estate requires a multifaceted approach, and effective property management can significantly enhance your investment. By ensuring quality tenant screening, streamlining maintenance processes, and employing smart marketing strategies, property managers can help you maximize your returns and protect your investment. For real estate investors, partnering with a reliable property management company is a strategic move that pays dividends.
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By Nancy Abrams
Tiny homes, a popular alternative to the traditionally large American-style home, are being used by people trying to downsize and also as short-term rentals, disaster relief housing and homeless relief housing. Although many people consider a house under 600 square feet to be a tiny home, the 2021 International Residential Code (IRC) stated that tiny houses are dwelling
units measuring 400 square feet or less in floor area, excluding lofts.
TINY HOMES = BIG PROFITS
Leasing tiny homes is one of the latest trends in the rental business. They have proven to be a good venture, especially for first-time investors. Tiny houses range in price from just $30,000 to $60,000 to purchase. However, they do not appreciate in value as quickly as a traditional home.
On the other hand, tiny houses and ADUs (accessory dwelling units) that are situated on a property with a traditional dwelling may see a greater increase in value. According to Bankrate,
if your tiny home is on land that you own and is built on a solid foundation, you are more likely to receive a good return on your investment when you go to sell it. In other words, the value of your tiny home is directly related to its permanence. AvalonBay has added about 50 ADUs into
some of its California communities. The average 425-square-foot studios and junior one-bedroom units generate rent between $4 and $8 per square foot. On average, the units have been rented out within 30 days and there have been minimal concerns from existing tenants.
BUILDING A TINY HOME TO RENT
If you are going to use your tiny home for short-term rentals, pick an area close to tourist attractions, parks, beaches, schools and business districts. Before you begin, find out if you can legally operate a short-term rental in your intended area. Many municipalities have minimum square footage requirements for residences. Some areas may regulate ADUs or require specific foundation types. There may also be certain prerequisites regarding plumbing and electricity. It is highly recommended that you hire a builder who is also familiar with the tiny home laws and regulations for the county in which you will be developing. Financing for your tiny home may be more difficult than if you were constructing a traditional home, but you may be able to secure an FHA loan. If the tiny house is fixed to a permanent foundation, potential owners can explore conventional mortgages.
You may be considering creating a tiny home community of multiple small homes. Remember,
you need to make sure the cost of its development does not surpass your potential ROI (return on investment). As a tiny home developer, you may receive a high return on investment due to their inexpensive prices. Currently, the largest tiny home development in the country is located in Salida, Colorado, and features 200 tiny homes for rent. The homes include amenities like free Wi-Fi, air conditioning, and heating. AAOA member Alex Gladkov is presently building a tiny home community in Barstow, CA, which will eventually include 51 residences. Alex shared that “Hidden Mesa Estates offers a great financial advantage for those who seek a sleek house without the burden of costly rent.”
PREPARING YOUR TINY HOME FOR TENANTS
People interested in tiny homes come from a wide range of backgrounds and personalities, so choosing a clean, modern look might appeal to some, while a cozy, cabin inspired interior might draw in others. Whichever décor you choose, tiny homes by definition are less expensive
to build and decorate, making it easier to afford higher quality furnishings and hardware. Many tiny houses feature a loft for sleeping and storing. However, if you are expecting to rent to senior citizens and/or disabled persons, larger floor plans with a bed, bathroom and kitchen on the main floor are more functional. Don’t forget the exterior of your rental. A porch and a
garden will create a welcoming first impression. If you have a rear yard, a fire pit and seating will be appreciated amenities. Hospitable.com recommends that you sign up for Airbnb’s free rental protection, AirCover for Hosts, to protect you in case something happens at your property. But AirCover for Hosts doesn’t cover everything, so you may want to consider an additional insurance policy to provide full coverage.
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HOW TO START A TINY HOME RENTAL BUSINESS
Many rental property owners choose to create an LLC for its tax advantages and protection from personal liability. Even if you’ve already used an LLC for other properties, you might consider creating a separate LLC for your tiny house rental. At this point, you should have given thought to what your policies and procedures will be. What are the minimum and maximum stays you will allow and how will you accept reservations? What are your rules regarding property upkeep and damages? Can tenants have parties or pets? All of your policies need to be incorporated into your lease. Airbnb, Vrbo and Booking.com are among several peer to-peer (P2P) platforms that allow property owners to connect with interested short-term tenants. When you are ready to accept guests, post beautiful interior and exterior shots of your tiny house along with an accurate listing description. Remember, promising something that does not actually exist will definitely end up as a one-star review.
Include information in your listing about the surrounding area and its recreational amenities, local attractions, special events, any upcoming sports activities, hiking trails, etc. Be sure to calculate your ROI before settling on a rent schedule. Your price should be affordable so you don’t miss booking opportunities and not so low that you are not getting as much money as
you could. Make an effort to respond to all booking inquiries promptly and be proactive in your conversations with guests before, during and after their stay. Excellent communication will be rewarded with five-star reviews and repeat business. Listing your tiny home on a P2P platform is a great start, but you will still need to market it in other ways, such as social media, in order to reach the largest number of potential tenants. When considering an applicant, remember that AAOA offers industry-leading tenant screening services to help you make the most informed decision possible.
CONCLUSION
A tiny house can make an excellent rental property investment, especially in the vacation and short-term rental market. However, like any venture, investing in a tiny house as a rental property has advantages and drawbacks. Do your due diligence, learn local regulations, market it wisely and you, too, can be a tiny house landlord.
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Listen On:
Thank you to those who have submitted questions and trust in us to answer them! We have listener questions this week that run the gambit, including:
- Who is responsible for paying to eradicate pests when the pests appear after a tenant has moved in?
- How to handle an elderly tenant who doesn’t want to move out of a potentially uninhabitable rental property that was recently inherited?
- What is our best advice when an investor purchases their first rental property?
- How is it best to handle it when a tenant leaves before the lease is up and refuses to return the unit keys?
- And we addressed an email from a listener who had questions and needed clarification regarding an episode we put up a few months ago on tenant screening software.
We also addressed a comment left about our podcast and did our best to clarify this listener’s feeling that our content misinforms real estate investors.
This episode is full of advice on how we would handle certain issues, where others can find assistance with resolving their problems that arise as landlords, and how best to ask us your questions and get a prompt response.
LINKS
👉 Episode 15: Is Holding Your Rental Property in an LLC Right for You?
👉 Episode 46: Advanced Tax Strategies
👉 Episode 84: Tenant Screening Software, What Landlords Need to Know.
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- Strengthening Policies, Procedures, and Written Communication
Tip of the Week Start the landlord – tenant relationship off on the right foot. When tenants move in, there is stress, chaos, and it's hard for them to find basic necessities. Our small token of appreciation is left on the kitchen counter to greet them and let them know we appreciate them as a tenant. While we include snacks, we also include items we want them to use in the unit. Our welcome basket includes: a blue sponge with a note asking them not to use the green abrasive ones, touch up…Read more - What to Do When Your Tenant Stops Paying Rent
Tip of the Week Here’s Why: Landlords should respond to denied applicants because it is considered a professional courtesy, helps prevent potential discrimination claims, and is often legally required under the Fair Credit Reporting Act (FCRA) – especially if the denial was based on information from a credit report, which necessitates providing a detailed explanation of the reasons for rejection in an "adverse action notice." Key reasons to respond to denied applicants: Legal compliance: If a…Read more
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Provided by Bigger Pockets
If anything has been learned from the LA wildfires, the answer posed in the title is, yes, it is possible to protect your property against wildfires. However, the best protection probably needs to be done during construction rather than after.
Why David Steiner’s Home Was the Last One Standing
Retired Waste Management CEO David Steiner, 64, saw his neighbors’ multimillion-dollar Malibu homes burn around him while his appeared unblemished. The Houston exec’s home was built out of stone and stucco to withstand earthquakes. It also has 50-foot pilings built into the bedrock to keep it sturdy.
“To be totally honest with you, I never in a million years thought a wildfire would jump to the Pacific Coast Highway and start a fire,” Steiner told the New York Post.
“I honestly didn’t think that if we had a fire, this would be the last thing to go,” he said of the 4,200-square-foot, four-bedroom home he bought from a film producer. “The architecture is pretty nice. But the stucco and fireproof roof are real nice.”
Greg Chasen’s Common-Sense Design
Another notable home that escaped the wildfire was a brand-new house in Pacific Palisades, designed and built by architect Greg Chasen in the summer of 2024. His house, like Steiner’s, was a lone survivor amid a sea of destruction.
A photo of the house posted by the Malibu architect went viral on X, as did a thread on Reddit, as reported by Bloomberg.
Along with luck, the home employed several fire-resistant design strategies, including a front yard free of vegetation and debris, protective concrete garden walls, no eaves or overhangs, and no vents to allow sparks to get inside the roof. Additionally, the roof was made of metal with a fire-resistant underlayment. Clean lines, without multiple dormers and pop-outs, also helped.
Crucially, the walls of the house also have a one-hour fire rating. Chasen said the deck is Class A wood, as resistant to ignition as concrete or steel. Tempered glass protects the interiors. The front of the house was built with heat-treated wood, shielded from flying sparks and embers by the extruding walls and roofline.
“All of that is best practice for cutting a fire,” Chasen said.
Measures to Make Your Property More Wildfire-Resistant
For those of us who can’t afford multimillion-dollar stone and stucco residences, you can make some practical moves to make your home more fire-resistant. Most involve spending a decent amount of money, but are far cheaper than building a new home.
- Install fire-resistant siding: According to the Building America Solution Center, the following materials are rated high for fire resistance: fiber cement siding, metal siding, brick or stucco siding, and stucco. Of these options, fiber cement siding is generally the most affordable. Another option is magnesium siding.
- Install a fire-resistant roof: Clay/terra-cotta, slate, metal, or composite materials are best as fire-resistant roof materials.
- Look into fire-resistant glass for windows: This is a burgeoning business expected to reach $16.26 billion by 2033, according to market research firm Fact.MR. Although this material is largely used in commercial construction, it will undoubtedly become more widely available for residential use. This is a worthwhile investment for landlords of larger buildings in both fire-prone and colder climates.
- Remove wooden window frames and replace them with fire-resistant ones: Wood frames are elegant and stylish but not practical if you live in an area prone to wildfires.
- Get fire-resistant doors.
- NBC News covered this story about a sprinkler system hooked up to a swimming pool via a generator-powered pump, which saved the owner’s Palisades home. Take note.
- Keep dry vegetation away from the house: Ensure your defensible space, the first 100 feet around your property, is kept clear of anything flammable.
- Consider fire-resistant artificial turf, stone, or concrete instead of natural grass.
- Clear all gutters of dried leaves and debris.
- Don’t keep flammable liquids and substances around the home.
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Practical Wildfire Protection Strategies for Landlords
While a landlord might have the best fire protection protocols in mind, that doesn’t mean their tenants will. If you live in a wildfire-prone area, hiring a maintenance company is worth it to ensure a property is as fireproof as possible. This includes meticulously clearing the property from debris, litter, pool furniture, and garbage bins to enforce a defensible zone.
- Hire a contractor to enforce a hardscape and water features to prevent fire fuel breaks. Concrete interrupts a fuel source from encroaching on a fire.
- Keep the exterior of the home irrigated during wildfire season.
- Communities must work together and hold each other accountable to prevent the spread of wildfires from one property to the next.
Final Thoughts
It’s hard to say” coulda, woulda, shoulda” when people’s homes and livelihoods have been lost. Even with preventative measures against fire, there’s still no guarantee that one spark igniting a few blown leaves won’t penetrate the best defensive strategies. Luck plays a huge part.
However, property owners need to be aggressive in protecting their assets from wildfires, and incorporating these suggestions will help them accomplish that.
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By James Durr
Noisy tenants can be a real headache for landlords so here are some suggestions in 7 ways to handle noise complaints in rental housing the right way.
If you are the landlord of a property that is home to multiple tenants, or if the building you own is located close to other properties, it is possible that you will receive noise complaints. These complaints may be from members of the local community about your tenants or vice versa, or from different tenants about one another.
Let’s explore how to resolve these complaints about noisy tenants and ensure that tenants and local residents are able to enjoy a peaceful and relaxing experience in and around your rental housing.
Preventing Complaints About Noisy Tenants
Ideally, you should already have taken steps to prevent major sound bleed between and from your rental properties.
If possible, when renovating a property, extensive soundproofing should be included in the budget. You should consider installing acoustic insulation in walls, floors and ceilings, and selecting soundproof doors and windows.
It is also highly advisable to include a noisy tenants clause in any tenancy agreement you produce. This means that, upon signing the document, a tenant agrees that if they are to make excessive noise – particularly during any specified hours – they will be in breach of their contract.
What to Do if You Receive Noise Complaints: 7 Steps
1. Accept the Noise Complaints Graciously and Act Immediately
It’s important that your building is able to maintain a good reputation, and that the tenants who live there – and the residents of the local area – are able to enjoy a positive relationship.
“To this end, if someone comes to you with a noise complaint, show that you are sympathetic to their problem. You should also let them know that you will take steps to resolve the issue straight away,” comments auctioneer and fast home buyer James Durr of Property Solvers.
It may be that the individual making the complaint has already spoken to the “perpetrator.” It’s a good idea to check whether this is the case before doing so yourself. After all, this will give you a clearer idea of how they are likely to respond to you.
2. Check with Other Neighbors and Tenants
It’s best to corroborate any claims of excessive noise with others who may be affected before taking action.
If you receive a complaint, you may consider checking with other residents nearby to see if they too have been disturbed by the same incidents.
Of course, different people are affected by noise in different ways – and sound travels differently from space to space – so some individuals may be less troubled by the situation than others.
3. Look into the Cause of the Noise Complaints
If there is a specific type of sound that is causing problems, there may be a way to resolve the matter in a manner that suits all parties.
Some loud sounds, such as a baby crying or a dog barking, can be difficult to prevent. However, if it appears that the repeated noise is the result of neglect or abuse, this must be reported to the relevant authorities immediately.
In many cases of animal abuse, the owner may be prevented from keeping pets for a number of years in the future. This means that not only will the current animal be spared any further cruelty, but also that the tenant will not be permitted to replace it.
Of course, it’s extremely important that you do not make baseless claims of neglect or abuse just to resolve a noise complaint. Look into the issue as much as you can yourself before deciding to take action of this kind.
4. Ask the “Noisy” Party to Make Changes
This step is easier to take if you have already included a noise clause in your rental housing agreement, as you can remind the noisy tenant of this fact and reiterate that they are currently in breach of their contract.
Explain to them that, if this continues to be the case, you would be within your right to ask them to remove the source of the noise from the rental property. Be sure to speak politely and allow them the opportunity to explain themselves; after all, there may be another side to the story.
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5. Get in Touch with a Mediator
If the individual in question refuses to make any changes or to discuss the matter with you in a civil manner, you may need to contact a professional mediator in order to resolve the problem.
Be sure you select an established and experienced specialist, and go to the meeting with an open mind.
6. Report to Your Local Authority About Noise Complaints
By getting in touch with your local Environmental Health Department, you may be able to make a formal complaint and get a noise-abatement notice issued.
This course of action may be particularly helpful if you have neglected to include a noise clause in your tenancy agreement, but it is also applicable if your own tenants have made noise complaints about other residents of the local area.
7. Eviction
If the tenant in question is the repeated subject of noise complaints, you may be within your right to evict them.
This may only be the case, however, if you have included a noise clause in the tenancy agreement, and if you have evidence of repeated breaches of that clause.
It is worth remembering that landlords themselves are not responsible for the noise made by their tenants, so no action can be taken against you unless you are the source of the disturbance. However, in order to ensure that your rental housing is a pleasant place to live and to build positive relationships with other local residents, it is always worth doing what you can to resolve problems of this kind.
By carefully vetting tenants, including a noise clause in your tenancy agreement and soundproofing your building, you may be able to avoid any noise complaints whatsoever in your rental housing.
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By Robert Friedman
Are you concerned about the lengthy and financially burdensome probate process? Probate court proceedings can be cumbersome, often taking months or even years to resolve, adding stress to an already difficult time for family members. However, there are effective strategies to bypass probate and ensure a smoother transition of assets upon death.
HOW SOLELY OWNED ASSETS ARE DISTRIBUTED AFTER DEATH
Assets held solely in your name, without designated beneficiaries or joint owners, will be distributed
through one of the following legal processes:
Probate
If you have a valid Will or Codicil, your estate will be administered by an Executor appointed by the court
Intestacy
If you do not have a Will, your estate will be managed by an Administrator. In this case, state law determines who inherits your assets. These heirs, known as “distributees,” are assigned as follows:
- If you have children but no spouse, your children inherit everything.
- If you have living parents but no spouse or children, your parents
inherit everything. - If you have siblings but no spouse, children, or parents, your siblings
inherit everything.
ROLE OF SURROGATE’S AND PROBATE COURTS
These courts oversee:
- The probate and validation of Wills.
- The appointment of Executors to manage
estates with a valid Will. - The appointment of Administrators for estates of
individuals who die without a valid Will. - Resolving disputes related to the validity of a
Will or the administration of an estate. - THE PROBATE PROCESS: FILING, NOTIFICATION, AND APPOINTMENT OF THE EXECUTOR
Probating a Will is the first step in any estate administration. The Executor must locate the
original Will to file with the court along with the Will witnesses’ affidavits, notices of probate, and the petition for probate. State laws require that all beneficiaries and fiduciaries named in a Will, as well as all of the distributees, be notified that the Will is being submitted to probate. Distributees and any person who would be adversely affected by the probate of the Will are given an opportunity to appear in Court to object if they do not sign a waiver indicating consent to probate. If no one has any objection to the Will and the court believes that the Will is valid, it will be admitted to probate and the person named therein will be appointed as Executor. Recognizing that probate can be expensive and time-consuming, each state provides ways for a small estate to be distributed without going through the full probate process if there is no real estate. The size of the estate or the types of assets
determine which procedure should be followed.
AVOID PROBATE WITH THESE FORMS OF OWNERSHIP
The following assets do not pass through probate or estate administration. Instead, the proceeds go directly to the person named as beneficiary or joint owner of that account.
Utilizing these ownership structures can streamline the distribution of your estate and provide financial benefits to your heirs. The following forms of ownership avoid probate:
- Real Estate held as Joint Tenants with the Right of
Survivorship. - Tenants-by-the-Entirety (spouses).
- Transfer on Death Deed automatically transfers real
estate upon death to the named beneficiary. - Life Insurance unless all beneficiaries are deceased.
- An irrevocable or revocable intervivos trust (living trust)
is created for holding ownership of your assets during
your lifetime for the benefit of named beneficiaries and
distributing and/or managing those assets after your
death. The trust consists of the creator (also known as
the grantor), trustee, and beneficiary. - Corporation stock jointly owned.
- LLC member units jointly owned.
- Lifetime Gifts: Sign a power of attorney authorizing your
agent to make gifts during your lifetime if you are unable
to do so. With the annual federal gift tax exclusions, you
can make annual gifts without tax consequences. Giving
away assets will appreciate in value, such as real estate,
utilizes your exemptions and shifts the appreciation in
value to the next generation. - Uniform Transfer to Minors Act (UTMA) custodial
accounts transfer assets to minors without probate. - U.S. Savings Bonds with payable on death beneficiaries
or joint ownership. - IRAs/401(k)s: Direct beneficiaries avoid probate.
- Investment Accounts designated as Transfer on Death.
- Bank Accounts Joint designated as Payable on Death,
Transfer on Death, and in Trust. - Annuities.
- Life Estate.
- Automobiles: Some states allow family members to
transfer vehicles up to a certain value directly through
the DMV.
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BENEFITS OF AVOIDING PROBATE
- Saves time and costs by reducing court fees
and delays - Maintains privacy.
- Avoids Will contests reducing the likelihood of
legal challenges to the estate. - No Medicaid recovery.
- Avoids the need for ancillary probate if real
estate is owned in other states. - Preserves your assets from nursing home costs.
RISKS OF AVOIDING PROBATE
- Not funding your living trust.
- Not coordinating your non-probate asset
distribution with your Will. - Joint owners can be sued, file for
bankruptcy, or have an account
compromised by divorce. - Ancillary Probate: This is necessary if you
own real estate in other states. - Loss of capital gains exemptions.
CONCLUSION
Avoiding probate can significantly benefit your estate and heirs, offering privacy, efficiency, and financial savings. However, it requires careful planning and coordination to avoid potential risks. By consulting with legal and financial professionals, you can develop a comprehensive estate plan that balances probate and non-probate strategies, ensuring a smooth and secure transfer of your assets.
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By Brad Beckett
A new report from Redfin says renters are moving less than ever, with a third staying in the same home for at least 5 years. They say the soaring cost of buying a home has pushed many to stay put for longer and the high cost of moving has also discouraged renters from moving regularly. To produce their report, Redfin analyzed 2023 renter tenure data from the U.S. Census Bureau.
“Monthly mortgage payments have nearly tripled over the past decade, preventing many renters from being able to buy a home…Rents spiked during the pandemic, but have stayed relatively flat over the past two years as home prices and mortgage rates continued to climb. That has encouraged renters to stay in the same home, where they are less likely to face major rent increases. The recent construction boom has also led to a record number of new apartments hitting the market, keeping rents down and setting 2025 up as a renter’s market where more Americans will choose to rent, or remain renters.” Said Redfin Senior Economist Sheharyar Bokhari.
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Some key points:
- 33.6% of U.S. renters have lived in the same home for at least five years, up from 28.4% a decade ago.
- Nearly one in six (17%) renters had lived in the same property between 5-9 years in 2023.
- Baby boomers stay put the longest, with more than a third having been in their rental at least a decade.
- Gen Z renters move the most, with more than half having lived in their current home for less than a year.
- Renters move most often in Denver, Austin and Salt Lake City.
- They stay put longest in New York, Los Angeles and Riverside.
Click here to read the full report at Redfin.
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By John Triplett
Zillow predicts in 2025 that rent concessions will decline and more rental properties will become pet-friendly.
“Apartment renters enjoyed a relatively friendly market in 2024, at least compared to the record rent growth seen in 2022,” Zillow said in the report.
While landlords in parts of the country have seen rents decline slightly in 2024, the report says “the share of rental listings on Zillow offering a concession — such as free weeks of rent or free parking — is at a record high.” However, the company “expects renters will not have as much opportunity to negotiate for that free month of rent by the end of 2025.”
The multifamily-construction boom is the primary reason for the rise in concessions. More multifamily units are hitting the market than at any time in the past 50 years, pushing property managers to compete for renters. “Those fireworks are predicted to fizzle in 2025, especially in the second half of the year,” the report says.
Pet-friendliness will become nonnegotiable for property managers
The report notes that renters are getting older, and they are not putting off “adulting” milestones such as moving in together or getting a pet before they buy a home.
The median age of a renter has risen to 42, and they are settling into the renter lifestyle. Fewer renters considered buying this year, as renting is more affordable in some markets.
With 58% of renters having a pet — up from 46% before the pandemic — “it is no wonder that nearly half said they passed on a particular property because it was not pet-friendly. In today’s more competitive rental landscape, not allowing pets may put property managers behind the eight ball,” the report says.
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Other highlights from the report:
- Here is where we get to the report’s bold predictions for 2025. Zillow sees Americans increasingly embracing small homes and attached options. Affordability may be the cause, but a trend toward higher densities is undeniable.
- The report projects a 2.6% home price change for 2025. That is a solid and manageable number. And there will be at least some shift in favor of buyer negotiating power, though that will be regional, such as in the southwest.
- The company highlights its “BuyAbility” feature as one way buyers can navigate the often-tricky interplay of prices and mortgage rates to help them figure out precisely what they can afford.
See the full list of 2025 Zillow predictions here
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