What to Know When Including Raw Land in Your Estate Plan: Advice from a Broken Arrow Estate Lawyer

Owning a piece of undeveloped land can be an exciting investment, full of potential and possibilities. However, when it comes to including this asset in your estate plan, there are unique considerations to keep in mind. As a Broken Arrow estate planning and real estate lawyer, I often work with clients to ensure their raw land is properly addressed in their estate planning documents. Here’s what you need to know:

Understanding and Communicating Value

Raw land can be a complex asset to value and explain to your heirs. Unlike developed property, its worth may not be immediately apparent. Start by getting a professional appraisal to understand the land’s current market value. This appraisal should take into account factors like location, zoning, and potential for future development.

Once you have a clear picture of the land’s value, it’s crucial to communicate this to your heirs. Share your vision for the property and explain why you believe it’s valuable. Perhaps you see it as a future home site, a potential commercial development, or a conservation opportunity. Whatever your reasons, make sure your heirs understand your perspective.

Financial Considerations

Owning raw land comes with financial responsibilities that your heirs need to be prepared for. Property taxes will need to be paid, and there may be maintenance costs to keep the land in good condition. If there’s a mortgage on the property, your estate plan should address how these payments will be handled.

It’s also important to consider the potential tax implications for your heirs. If the land has appreciated significantly since you purchased it, your heirs may face capital gains taxes if they decide to sell. Discussing these matters with a Broken Arrow estate planning and real estate lawyer can help you develop strategies to minimize tax burdens and ensure your heirs are prepared for the financial aspects of inheriting the land.

Estate Planning Options

There are several ways to handle raw land in your estate plan.

You can make a gift during your lifetime, but this usually has negative tax consequences and causes the gift recipient to one day pay more in capital gains taxes.  You could leave it outright to your heirs at death through your will, but this is usually not the best option, especially if you have specific wishes for the land’s future use and want to avoid probate.

Another option is to place the land in a trust. This can provide more control over how the land is used or disposed of after your passing. For example, you could set up a trust with instructions to keep the land undeveloped for a certain period or to use it for specific purposes. This can also be a good way to preserve what is called a “step-up in basis,” thereby reducing capital gains taxes paid if the land is sold.

Some landowners opt for a life estate, which allows them to use the property during their lifetime while designating who will inherit it afterward. This can be a good option if you want to continue enjoying the land while ensuring its future is secured, but care must be taken to structure it properly so you don’t encounter unexpected problems.

Preparing Your Heirs

Regardless of which estate planning option you choose, it’s important to prepare your heirs for the responsibilities that come with inheriting raw land. This might involve introducing them to local real estate and development professionals who are familiar with the area and can provide guidance on the land’s potential uses or value.

You should also provide your heirs with all relevant documentation related to the property. This includes the exact location and legal description, any easements or rights-of-way, and information about any partners or advisors involved in your plans for the land.

Including raw land in your estate plan requires careful consideration and clear communication. By working with a knowledgeable Broken Arrow estate planning and real estate lawyer, you can ensure that your wishes for the land are respected and that your heirs are prepared to manage this unique asset. With proper planning, your investment in raw land can become a lasting legacy for future generations.

If you need assistance starting this process, we are here to offer guidance and support. Contact us at 918-608-1836 or click here to schedule an appointment with our Broken Arrow estate planning and real estate lawyers. Mention this article when you call, and we’ll be happy to discuss your specific situation and help you create an estate plan that protects your raw land investment and honors your wishes for its future.