How to Leave Real Estate to Your Children in Upper Marlboro Without Conflict
One of the most common sources of family tension I see in Prince George’s County happens after a parent passes away and leaves the house to multiple children, without a clear plan.
Everyone had good intentions, but suddenly the siblings disagreed about what to do with the property.
Should they sell it?
Rent it?
Keep it in the family?
If you live in Upper Marlboro and plan to leave real estate to your children, here is the truth: you need more than just a will.
Without the proper structure in place, your legacy could turn into a legal mess that damages family relationships.
Let’s talk about how to keep your estate out of court and your family at peace.
What Usually Goes Wrong with Shared Inheritance
When a home or land is left equally to multiple adult children, the law treats them as co-owners.
That means each child has full legal rights to use, sell, or manage the property, regardless of what the others want.
This often leads to:
- Disagreements about keeping or selling the property
- One sibling is living in the home without paying rent
- Arguments about who should pay taxes, insurance, or repairs
- Uneven financial contributions that lead to resentment
Even in loving families, these issues can quickly break down communication.
The Legal Tools I Use to Prevent Conflict
I help Upper Marlboro families build clear, legally binding plans that spell out exactly how real estate should be handled.
Here are some of the tools I recommend:
1. Revocable Living Trust
A trust gives you complete control over how and when the property is transferred. You can:
- Appoint a trustee to manage the property until it is sold
- Set rules for buyouts between siblings
- Delay distribution until your youngest child reaches a certain age
- Avoid probate completely
Unlike a will, a trust keeps the transfer private and reduces the risk of court disputes.
2. Property-Specific Instructions in Your Will or Trust
If you want the house sold and the money split equally, say so in writing. If you want one child to have first rights to purchase it, or to continue living there under fair terms, that needs to be detailed in your estate plan.
Ambiguity leads to arguments. Clarity prevents them.
3. Family Meeting Before You Pass
I often suggest that clients hold a short meeting with their children to explain the plan. Even a 15-minute conversation can go a long way in avoiding surprises, misunderstandings, or hurt feelings later.
4. Consider Creating an LLC for the Property
If your children plan to co-own the property, putting it in a family LLC gives you a legal structure with rules. You can assign voting rights, ownership percentages, and instructions for sale or rental.
This is especially helpful for inherited rental properties or vacation homes.
Your Home Should Be a Gift, Not a Burden
You’ve worked hard to build something you’re proud of. You want your children to benefit from your real estate—not fight over it. That’s why I help Upper Marlboro families put clear, enforceable plans in place.
Together, we’ll make sure your property passes smoothly, fairly, and with as little conflict as possible.
👉 Book your consultation online now or call us directly at 301-627-5844.
Matthew J. Dyer, Esq.
Estate Attorney | Haskell & Dyer, Upper Marlboro, MD
