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Estate Planning and Tax Considerations for Rental Property Owners

Owning rental properties can be an excellent way to generate income and build wealth. However, it's crucial to consider the estate planning and tax implications of owning rental properties to maximize your financial benefits and ensure a smooth transition of assets to your heirs. At Heritage Law Office, our experienced estate planning attorneys will thoroughly review your needs and desires when planning your estate and provide an outline of your best options, including the creation of an irrevocable trust. Contact us either online or at 414-253-8500 to schedule a free consultation today.

The Importance of Estate Planning for Rental Property Owners

Estate planning is essential for rental property owners to protect their investments and ensure a smooth transition of assets to their heirs. Estate planning can help you:

Minimize Taxes and Liability

Effective estate planning can help rental property owners minimize taxes and potential liability. By utilizing strategies such as trusts, LLCs, and other legal structures, you can reduce your tax burden and protect your assets from creditors and lawsuits.

Provide for Heirs

Estate planning ensures that your rental properties are passed on to your chosen beneficiaries according to your wishes. This includes planning for potential disputes among heirs and providing for the ongoing management of rental properties after your death.

Tax Considerations for Rental Property Owners

As a rental property owner, it's essential to understand the tax implications of your investments. Several key tax considerations include:


Rental property owners can benefit from depreciation deductions, which reduce taxable income. The IRS allows property owners to depreciate the cost of the property over a specific number of years, typically 27.5 years for residential property and 39 years for commercial property.

Rental Income

Rental income is generally taxable, but there are deductions and expenses rental property owners can claim to reduce their tax liability. Examples include mortgage interest, property taxes, maintenance and repair expenses, and insurance costs.

Capital Gains

When you sell a rental property, you may be subject to capital gains taxes on the profit. However, there are strategies to defer or minimize capital gains taxes, such as utilizing a 1031 exchange or converting a rental property into your primary residence.

Estate Planning Strategies for Rental Property Owners

Several estate planning strategies can help rental property owners protect their investments and ensure a smooth transfer of assets to their heirs:


Trusts can be an effective way to transfer rental properties to your beneficiaries, while minimizing taxes and liability. For example, an irrevocable trust can remove rental properties from your taxable estate, reducing potential estate taxes.

LLCs and Other Legal Structures

Forming a limited liability company (LLC) or other legal structure can help protect your rental properties from creditors and lawsuits, while also providing potential tax benefits. Additionally, transferring ownership of rental properties to an LLC can simplify the estate administration process.

Life Insurance

Life insurance can be a valuable estate planning tool for rental property owners, providing liquidity to cover estate taxes, debts, and other expenses after your death. It can also provide income replacement for your family, ensuring they can maintain the rental properties in your absence.

Contact an Estate Planning Attorney for Rental Property Owners

If you're a rental property owner seeking experienced legal guidance on estate planning and tax considerations, contact our knowledgeable attorneys at Heritage Law Office by using the online form or calling us directly at 414-253-8500. We offer remote, phone, and online appointments, allowing you to receive our services wherever you are. Don't wait to protect your valuable rental property investments and secure your family's financial future.

Contact Us Today

For a comprehensive plan that will meet your needs or the needs of a loved one, contact us today. Located in Downtown Milwaukee, we proudly provide legal advice to those in Milwaukee County and surrounding communities.

Milwaukee Office
757 N. Broadway, Suite 300
Milwaukee, WI 53202
Minneapolis Office
Minneapolis, MN 55104
414-676-2787 (fax)
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