Financial Insights

Avoiding Family Conflicts Over the Inherited Vacation Home

From our Podcast#38 Live Plan Invest with Estate Planning attorney Joe Donohue, recorded Monday, June 23, 2025.

There are few assets as emotionally rich—and potentially contentious—as the family vacation home. Whether it’s a lakeside cabin, a coastal cottage, or a mountain chalet, these properties hold generations of memories. But without proper planning, what starts as a cherished inheritance can become a source of friction and financial strain.

Take the story of the Murphy family, for example. In 1969, Patrick and Ann Murphy purchased a cabin on Pleasant Pond in Maine with the dream of it staying in the family for generations. Years later, they generously gifted equal shares to their seven children. That’s when the problems began.

With no formal structure in place, decisions about maintenance, budgeting, usage, and succession became flashpoints. Some family members lived nearby and shouldered the bulk of the labor. Others lived across the country and questioned the fairness of contributing equally to expenses. One sibling passed away unexpectedly with no estate plan, triggering lengthy probate in two states.

Eventually, the Murphy family did what many advisors recommend: they restructured ownership into an LLC, clearly defined governance rules, and ensured future succession through individual trusts. This thoughtful legal planning transformed their property from a potential liability into a lasting legacy.

So what can we learn from the Murphys?

1. Equal Shares ≠ Equal Commitment
Family members will have different levels of involvement and availability. A good structure accounts for this with rules for usage, labor compensation, and contributions based on ownership interest.

2. LLCs Provide Clarity and Protection
Unlike informal co-ownership, an LLC allows for democratic decision-making, liability protection, defined budgets, and automatic buyout provisions if someone becomes delinquent or wants to exit. It’s an ideal structure for large families or multi-generational properties.

3. Estate Planning Is Essential
Without trusts in place, a single unplanned death can cause costly and painful delays. Coordinating legal documents across state lines—and keeping property out of probate—saves time, money, and stress.

4. Sentimentality Needs Structure
Family cabins are built on love and memories—but sustained by legal clarity. From rules of conduct and maintenance schedules to seasonal reservations and succession plans, structure helps preserve harmony.

If your family shares a vacation property, or you’re considering leaving one to the next generation, now is the time to ensure your legacy doesn’t turn into a legal headache. Start with open conversations. Consult with a qualified estate attorney. And consider how structures like LLCs and trusts can provide flexibility, fairness, and long-term preservation.

As always, our team is here to help you navigate these personal yet complex planning decisions.

Vacation Property Planning Comparison: Trust vs LLC

Planning Topic Trust LLC
Avoids Probate Yes Yes (when interest is in a Trust)
Liability Protection No Yes
Governance & Decision-Making Limited Robust (via Operating Agreement)
Transfer to Heirs Yes (with Trust Provisions) Yes (via Trust or Assignment)
Asset Protection (Divorce/Creditors) Limited Yes
Ease of Exit for Members Difficult Clear Buy-Out Terms
Cost to Set Up $4,000 $1,500–$2,500
Best For Small Families (1–2 Children) Large Families or Rental Use

Source : Donohue, O’Connell & Riley PLLC

Advisors Capital Management, LLC is an investment advisor registered with the United States Securities and Exchange Commission. Registration does not imply any degree of skill or training. All investing carries risk, including the potential for the loss of principal and past performance is no guarantee of future results. This content is for informational purposes only, can change at any time without notice, and is not investment advice or a recommendation to trade any security. Indices are not available for direct investment. We only provide services in jurisdictions where we are registered. Our disclosure brochure (ADV Part 2A) and customer relationship summary (ADV Part 3) are available at https://adviserinfo.sec.gov and upon request.

Share:

Contact Us Today!





    I am interested in *


    By providing a telephone number and submitting the form, you are consenting to be contacted by SMS text message and agreeing to our Privacy Policy. Message frequency may vary. Message and data rates may apply. Reply STOP to opt out of further messaging. Reply HELP for more information. For privacy concerns, please visit ACM’s Privacy Policy here.

      Investment and Wealth Commentary
      Delivered to Your Inbox Weekly