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Using the Proceeds from Selling Your Home in Your Estate Plan

September 20, 2024

Key Takeaways:

  • Proceeds from a home sale can significantly impact your estate plan. Consider how they align with your financial goals and distribution plans.
  • Update your estate planning documents. Ensure your will or trust reflects the sale of your home and any changes in your beneficiaries.
  • Consider reinvestment or distribution options. Explore options like stocks, bonds, trusts, gifting, or charitable contributions.
  • Understand tax implications. Be aware of capital gains tax, gift tax, and estate tax implications.
  • Consult an estate planning attorney. They can guide you through the process, minimize taxes, and ensure your plan aligns with your goals.

Selling your home can provide a substantial financial windfall, but deciding how to incorporate these proceeds into your estate plan requires careful consideration.

Whether you are downsizing, relocating, or simply liquidating assets, it’s crucial to work with an estate planning attorney in Orange County to ensure the proceeds align with your overall financial and estate goals.

Proper planning can maximize the benefits for you and your beneficiaries while minimizing tax implications.

How to Incorporate the Proceeds from a Home Sale into Your Estate Plan

Once your home is sold, the proceeds can become a significant part of your estate. Whether you're planning for retirement, providing gifts for loved ones, or ensuring long-term security, it’s essential to incorporate the funds into your estate plan in a way that meets your goals.

Here are some key steps to consider:

  • Update your will or trust: Ensure that the proceeds from the sale are included in your estate documents. Your Orange County estate planning attorney can help revise your will or trust to reflect the new assets.
  • Reassess beneficiary designations: If the sale of your home increases your wealth significantly, consider updating beneficiary designations to reflect your current wishes.
  • Consider charitable giving: If philanthropy is part of your estate plan, consider allocating a portion of the proceeds to charities or causes that are meaningful to you.
  • Address future needs: If you’re planning for long-term care, retirement, or medical expenses, the proceeds from your home can be earmarked for these needs in your estate plan.

Collaborating with California estate planning attorney, will help ensure that your estate plan is up-to-date and reflects your current financial situation.

Options for Reinvesting or Distributing the Proceeds

With proceeds in hand from selling your home, you have several options for reinvesting or distributing the funds. The right decision depends on your personal goals and the needs of your beneficiaries.

Whether you're looking to grow your wealth or provide immediate financial support to your family, it's essential to consider the various pathways available.

Common options for managing proceeds include:

  • Invest in stocks or bonds: Reinvesting proceeds into traditional financial instruments like stocks, bonds, or mutual funds can provide growth potential while ensuring liquidity for future needs.
  • Purchase another property: If you're selling a home but still want to maintain real estate assets, consider purchasing another property, such as a rental or vacation home.
  • Create a family trust: Placing proceeds into a family trust can provide for your children and grandchildren over time. An estate planning attorney in Orange County, CA can assist in structuring the trust to meet your needs.
  • Distribute gifts to beneficiaries: Consider gifting a portion of the proceeds to your children or other beneficiaries. Be mindful of gift tax limits and the potential tax consequences of large gifts.
  • Charitable trusts: Establishing a charitable trust allows you to allocate a portion of the sale proceeds to charitable causes while potentially gaining tax advantages.

By discussing these options with your Orange County estate planning attorney, you can find the best way to manage the proceeds from your home sale in a way that aligns with your personal and family goals.

Tax Implications and Planning Strategies

When selling your home, especially in California, it's essential to consider the tax implications of the transaction. Capital gains tax, gift taxes, and estate taxes can all play a role in how the sale impacts your financial standing.

However, with the right strategies in place, you can reduce or eliminate the impact of taxes on the proceeds.

Here are some tax-related considerations:

  • Capital gains tax: If the property you’re selling is your primary residence, you may be eligible for the primary residence exclusion, which allows you to exclude up to $250,000 in gains ($500,000 for married couples) from capital gains taxes. An estate planning attorney in Orange County, California can help you determine if you qualify.
  • Gifting strategies: Gifting some of the proceeds from the home sale can help reduce your taxable estate. However, be mindful of the federal annual gift tax exclusion limits.
  • Trusts and tax benefits: Certain types of trusts, such as irrevocable trusts, may offer tax advantages when handling large sums of money from a home sale. A trust can shield assets from estate taxes and ensure a smooth transfer to your beneficiaries.
  • Step-up in basis for inherited properties: If the home sale occurs after death, beneficiaries may benefit from a step-up in basis, minimizing capital gains tax when the property is sold.

Consulting an estate planning attorney ensures that you understand how these taxes apply to your situation and how to plan accordingly.

Consider Long-Term Care Planning

For those selling a home later in life, the proceeds can be crucial in financing long-term care. Working with an estate planning attorney in Orange County, CA, to create a long-term care strategy ensures that you have access to the financial resources necessary for care while also protecting assets for your heirs.

Legacy Planning and Charitable Contributions

If leaving a legacy is an essential part of your estate plan, the proceeds from your home sale can fund charitable trusts or donations that align with your values. An Orange County estate planning attorney can help structure charitable giving options that maximize tax benefits while making a meaningful impact.

Gifting Proceeds to Family

If your estate planning includes passing assets directly to your children or other family members, the proceeds from the home sale can be a significant part of that gift. Gifting the proceeds while you are still alive can help minimize estate taxes while providing for your loved ones.

However, it’s essential to be aware of the federal gift tax exclusion and how it applies to substantial gifts. For 2024, the Internal Revenue Service (IRS) allows an annual gift tax exclusion of $18,000 per recipient, meaning you can gift up to that amount to as many people as you like without incurring gift taxes.

For larger gifts, planning with an estate planning attorney in Orange County, CA can help ensure compliance with IRS regulations.

Let McKenzie Legal & Financial Help You Manage the Proceeds from Your Home Sale

At McKenzie Legal & Financial, we understand the complexities of incorporating real estate proceeds into your estate plan. Whether you're selling your home or other significant assets, our firm is here to guide you through every step of the process.

With our help, you can ensure that your estate plan reflects your financial goals and protects your assets for future generations. Call McKenzie Legal & Financial at 562-526-6941 today to schedule a consultation with our Orange County living trust attorney and take control of your estate planning.

Thomas McKenzie Law
Estate Planning Attorney in California. Full-service law firm specializing in estate plans, wills and trusts, long-term care, and financial consulting. Thomas L. McKenzie received his Juris Doctor degree from Western State University College of Law, in Fullerton, California. While working full-time at night and attending full-time daily classes, Tom graduated law school with honors in 1993.

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