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From Shoreline to Legacy-Protecting Your Vacation Home with a Trust

Michael L. RutkowskiApril 29, 2025

With warm weather just around the corner, it’s easy to picture those lake weekends and family gatherings returning to view. You can almost smell the bonfire, hear the laughter on the dock, and feel the comfort of being somewhere that just feels like home.

For many families, the vacation home isn’t just property—it’s a memory bank. It’s where kids learn to fish, stories are passed around the dinner table, and generations come together to hit pause on life and reconnect.

But without the right plan, a home filled with legacy and love can quickly become a source of conflict or be lost to taxes, probate, or disagreements.

Placing your vacation home in a trust is one of the most thoughtful and forward-thinking ways to keep those traditions alive. It helps protect the property, preserve your wishes, and ensure future generations can keep making memories on the same shorelines, porches, and piers you hold dear.

Why a Trust Is the Best Way to Pass Down a Vacation Home

A simple will might leave the home to your children, but it doesn’t provide the structure or protection necessary to manage shared ownership across generations. Here's what a trust can do:

✔ Avoid Probate

When property is passed through a will, it goes through the probate court—a public, costly, and time-consuming process. A trust allows your vacation home to pass directly to your beneficiaries, without court delays or fees.

✔ Create Clear Rules

One child wants to sell, another wants to rent it out, a third wants to use it every Fourth of July. These are real-life conflicts that tear families apart. A trust lets you lay out:

  • How the home will be used
  • How expenses are shared
  • What happens if someone wants out
  • Who handles upkeep, taxes, and decisions

If your child is sued, goes through a divorce, or has financial troubles, a properly designed trust can shield the property from being seized or sold.

✔ Keep It in the Family

Without a trust, the home might be sold or lost after a generation or two. With a trust, you can set long-term instructions to ensure the house stays in your bloodline.

When to Consider Setting Up a Trust for Your Vacation Property

You should consider creating a trust for your vacation home if:

  • You want to keep it in the family for generations
  • You plan to leave it to more than one person
  • You want to avoid probate
  • You want to reduce the chances of family conflict
  • You’re concerned about protecting the property from legal risks or creditors

The Process: How to Get It Done

At Rutkowski Law Firm, we make protecting your vacation property straightforward and personalized.

Step 1: Initial Consultation
We sit down to understand your goals, family dynamics, and any concerns you have about passing on the property.

Step 2: Choose the Right Trust Type
We’ll help determine the best trust for your needs—often a Revocable Living Trust or Qualified Personal Residence Trust (QPRT).

Step 3: Drafting Your Plan
We create a custom trust that outlines:

  • Usage rules and scheduling
  • Financial responsibilities
  • Decision-making structures
  • Exit plans for beneficiaries who want to sell their share

**Step 4: Transfer the Home Into the Trust
**We assist in legally retitling the property so it’s owned by the trust, not just in your name, ensuring it’s protected and properly managed.

Step 5: Long-Term Support
As your family changes, your estate plan should adapt. We’re here for updates, reviews, and to help your loved ones administer the plan when the time comes.

Let Rutkowski Law Firm Help You Protect the Place You Love

Whether your vacation home is a cozy cottage or a lakeside retreat, it deserves protection just like any other part of your legacy. Let us help you pass it on with clarity, confidence, and care.


Estate Planning Guide

Estate Planning is an essential process that will protect your assets and ensure you’re your estate is distributed according to your wishes after your death.

Many people make mistakes when creating their estate plan, which can lead to unnecessary stress, confusion, and costly legal battles for their loved ones. Below, our estate planning team put together the top 10 and most common mistakes we see in estate planning.

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Screenshot of Top 10 Estate Planning Mistakes