How to Protect Your Vacation Home With a Trust

How a Trust for Your Vacation Home Can Protect What Matters Most

Owning a vacation home in Massachusetts is more than just an investment—it’s a place where memories are made, generations gather, and traditions are born. But what happens to that beloved getaway if something happens to you?

For many families, the answer lies in smart estate planning. Specifically, using a trust for your vacation home can offer long-term protection, simplify the transfer of ownership, and help avoid unnecessary legal complications.

At DaMore Law, we work with individuals and families across Massachusetts to create estate plans that reflect their values and protect their assets, including vacation homes. Here’s what you should know.

Why Consider a Trust for Your Vacation Home?

When someone passes away without a proper estate plan, their property, including second homes, usually goes through probate. That process can be time-consuming, expensive, and emotionally draining for your loved ones.

A trust for a vacation home helps you avoid that. It allows you to legally transfer ownership of the property to the trust, so it’s no longer considered part of your personal estate. That way, the property can be managed or passed down according to your wishes—without getting tied up in court.

Benefits of Using a Trust for a Vacation Property

Avoid Probate
- Probate can be a drawn-out legal process, especially in Massachusetts. With a trust, your vacation home can pass directly to your chosen beneficiaries, bypassing probate entirely.
Protect Family Harmony
- Without a clear plan, inheriting a shared family home can lead to tension. A trust lets you outline who can use the home, how costs are shared, and how decisions are made—helping prevent conflict.
Plan for Incapacity
- If you become ill or unable to manage your affairs, the trustee can step in to manage the property according to your instructions.
Provide Long-Term Maintenance
- Trusts can include provisions for maintenance, insurance, and taxes—so your loved ones aren’t left wondering how to cover costs or keep up with upkeep.
Control How and When the Property Is Inherited
- You can decide whether your children inherit the property outright, or if it remains in trust for their lifetime. This is especially helpful if you want to keep the property in the family for future generations.

Which Type of Trust Is Best?

The right type of trust depends on your goals. At DaMore Law, we help clients choose the structure that best suits their family and financial situation.

Revocable Living Trust
Gives you flexibility while you’re alive—you can change or revoke it at any time. Great for avoiding probate and maintaining control.
Irrevocable Trust
Offers stronger asset protection and potential tax benefits, but can’t be changed once established.
LLC Paired with a Trust
For families concerned about liability or long-term co-ownership, we may recommend forming a limited liability company (LLC) and placing the LLC membership interest in a trust.

Common Questions About Vacation Home Trusts

Can I still use my vacation home if it’s in a trust?
Yes. In a revocable trust, you retain full use and control of the property during your lifetime.
What happens to the property if my children don’t want it?
A trust can include clear instructions for selling the home and distributing the proceeds. You’re in control of the outcome.
Are there tax benefits?
Depending on how the trust is structured, you may reduce estate taxes and avoid capital gains in some scenarios. We’ll guide you through Massachusetts-specific tax considerations.

How DaMore Law Can Help

Estate planning isn’t just about documents—it’s about people. At DaMore Law, we offer personalized guidance for families looking to protect what matters most. When it comes to vacation homes, we’ll help you:

Understand your options for structuring a trust
Ensure the property is properly titled and funded into the trust
Minimize tax exposure and legal risk
Keep your wishes legally enforceable and clearly documented

Our team is deeply familiar with Massachusetts estate law, and we take pride in offering clear communication and straightforward advice.

Let’s Secure Your Legacy

If you own a vacation home in Massachusetts and want to ensure it stays in the family, working with an estate planning attorney is the best next step. Whether you’re just getting started or need help updating an old plan, DaMore Law is here to help.