The warm weather is finally here and families across Vacationland are opening up their summer camps! Time spent at a camp with siblings and cousins can create wonderful family memories. When parents or grandparents who first own the camp are still alive, the rules are clear. But all too often after the parents pass, adult siblings who do not get along find themselves the joint owners of property. Establishing and following the rules about how costs are shared, who gets to spend Fourth of July weekend at camp, and whether to rent it out or even sell it for income can be divisive and pit sibling against sibling, cousin against cousin.
When parents plan ahead, thoughtful foresight can reduce the conflicts posed by the passing of family camps and cottages on to the next generation. Working with a real estate lawyer, parents can decide on the best mechanism of ownership and can establish the necessary joint tenancies, limited liability companies or family trusts suitable to facilitate cooperative use of family real estate. These forms of ownership allow the establishment of rules for cost sharing, and can create consequences for those who do not contribute their fair share. Importantly, they can also establish the rules for how and at what price one of the siblings can “cash out” their interest in the camp.
If your parents have passed, it is not too late to prevent or resolve any conflicts among the second generation, and prepare for your own children to have an easier time enjoying the summer camp. While a partition action in court is available to end the joint ownership, it should be considered a last resort. It is always better both for preserving family relationships and your wallet to work to negotiate a resolution. The book “Saving the Family Cottage 4th Edition” (2013) by Hollander, Hollander & Fry is great summer reading to understand some of the options available.
Planning ahead, before disagreements escalate, is the best way to ensure that memories of the family camp are of happy times instead of family strife. So, while enjoying the view from your camp deck this summer, be sure to turn the conversation with your family to their dreams and hopes for the future of the camp.
— Posted by Attorney Sarah A. McDaniel
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