Most business owners think of succession planning as something to deal with “later” — when retirement is closer, when the children are older, or when there is finally more time. But that mindset can create one of the biggest hidden risks in an otherwise successful business.
Estate Planning and Probate Blog in Lake Success, NY
Why Clearing Title Isn’t Always as Simple as It Looks
When a loved one passes away, most people think the hardest part is the emotional loss, and that legally transferring property is just a matter of paperwork.
But often, that “paperwork” reveals something much more complicated:
A deed that was never updated.
A co-owner who passed away years ago without probate.
A missing heir no one has heard from in decades.
We call this the “ghost owner” problem, and it’s one of the most common issues we see when real estate is inherited or being prepared for sale.
Many families today hold real estate through LLCs for asset protection and liability reasons. At the same time, more and more are using revocable and irrevocable trusts as part of their estate plan to avoid probate, protect privacy, and plan for smooth wealth transfers.
But what happens when those two tools intersect?
Can a trustee automatically step into the shoes of a deceased LLC member? Will the operating agreement recognize that trustee as a valid decision-maker? And what if it doesn’t?
These questions often come up during moments of transition—after the death of a parent, during a refinance, or when it’s time to sell inherited real estate. At that point, if the documents weren’t set up to speak to each other, the result is confusion, delay, and sometimes conflict.
Many families assume the home should always stay in the family. It represents memories, security, and legacy. But in my practice as a New York estate planning attorney, I often see how real estate can create more problems than it solves when it is not planned for properly.
