Boston Herald

Estate planning can minimize family headaches

- By GARY M. SINGER

I was wondering what happens to my timeshare when I die. I have been trying to put my affairs in order to avoid my family having an issue after I pass.

Planning for the inevitable is one of the kindest gifts you can give those whom you leave behind. Dealing with a probate estate is timeconsum­ing and expensive, as well as often upsetting and occasional­ly adversaria­l. Fortunatel­y, it is relatively easy to avoid probate with proper estate planning.

When you plan your estate, you need to look at all of your various assets, including bank accounts, investment­s, your home and other property, including timeshares. The process involves restructur­ing your ownership of these assets so they will pass directly to the people you chose when you die, without the need to probate your estate. In effect, you are replacing your “will” with the plan, although you should still have a will just in case you did not properly plan for any of your assets.

Most timeshares are deeded and owned just like any other real estate. The misconcept­ion is that the owners share the property but can only use it at certain times. That is not the case. Rather, you own the physical unit — for example, “Unit 702” — only during the specified time, such as “Week 23,” while other people own it during the other weeks.

Timeshares can be set up just like any other investment property, with the most com- mon methods including setting up a living trust or put- ting the property into a life estate. It is best to consult an estate planning profession­al to discuss your options.

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