--- title: Why Real Estate Investors Need an Estate Plan description: Learn why updated estate plans are crucial for real estate investors. image: https://blog.fgg1031.com/hubfs/AdobeStock_85025351.jpeg --- [info@firstguardiangroup.com](mailto:) [(866)398-1031](tel:(866)398-1031) [![fgg](https://blog.fgg1031.com/hubfs/FirstGuardianGroup_2022/fgg.png)](https://brokercheck.finra.org/individual/summary/6470002) [![fgg-871923](https://blog.fgg1031.com/hubfs/FirstGuardianGroup_2023/fgg-871923.png)](https://www.bbb.org/us/ca/san-jose/profile/commercial-real-estate/first-guardian-group-1216-887513) [![logo](https://blog.fgg1031.com/hs-fs/hubfs/FirstGuardianGroup_2022/logo.png?width=175&height=56&name=logo.png "logo")](http://fgg1031.com) - [Home](https://fgg1031.com/) - [About Us](https://fgg1031.com/about-us/) - [Current Offerings](https://fgg1031.com/property-listings-directory/) - [Resource Center](https://fgg1031.com/resource-center/) - [Glossary](https://fgg1031.com/glossary/) - [Accommodators](https://fgg1031.com/accommodators/) - [FAQ](https://fgg1031.com/faqs/) - [Tax eBook](https://pages.fgg1031.com/resources/real-estate-tax-deferral-strategies-ebook) - [Real Estate eBook](https://pages.fgg1031.com/real-estate-investing-in-the-new-era2) - [QI eBook](https://pages.fgg1031.com/resources/qualifiedintermediary/ebook) - [Tax Calculator](https://fgg1031.com/tax-calculator/) - [Newsroom](https://fgg1031.com/newsroom/) - [Blog](https://blog.fgg1031.com/blog) - [Events](https://fgg1031.com/events/) - [Contact Us](https://fgg1031.com/contact/) ![search-interface-symbol](https://blog.fgg1031.com/hubfs/FirstGuardianGroup_2022/search-interface-symbol.png) ![loader](https://f.hubspotusercontent-eu1.net/hubfs/24949188/Business%20and%20Finance/global/22.gif) ![close](https://blog.fgg1031.com/hubfs/FirstGuardianGroup_2022/close.png) From Pages From Blog Pages Load More Load More **Sorry, we couldn't find a match for  "".** Check your spelling or try a related search term. [![Register](https://no-cache.hubspot.com/cta/default/5468919/d02a3ee4-7db2-4d64-b925-a6ebbfe26664.png)](https://cta-redirect.hubspot.com/cta/redirect/5468919/d02a3ee4-7db2-4d64-b925-a6ebbfe26664) ![blog-template-banner](https://blog.fgg1031.com/hs-fs/hubfs/Blog%20Banner/blog-template-banner.png?width=1920&name=blog-template-banner.png "blog-template-banner") # Blog ### Subscribe to Our Blog ### Subscribe to Email Updates ## Featured Post   [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty) ## [721 UPREIT Options in DST Programs (Part 3)](https://blog.fgg1031.com/blog/721-upreit-options-in-dst-programs) We have previously written two blog posts on 721 UPREIT options which discuss basic concepts which I encourage readers to review prior to reading this b\[...\] [Real Estate Investors](https://blog.fgg1031.com/blog/topic/real-estate-investors) [DST](https://blog.fgg1031.com/blog/topic/dst) [721 Exchange](https://blog.fgg1031.com/blog/topic/721-exchange) [UPREIT](https://blog.fgg1031.com/blog/topic/upreit) [Read More](https://blog.fgg1031.com/blog/721-upreit-options-in-dst-programs) ## Recent Posts [Estate Planning](https://blog.fgg1031.com/blog/topic/estate-planning) # Why Real Estate Investors Need an Estate Plan By [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty) Why Real Estate Investors Need an Estate Plan 7:27 An important objective in developing relationships with our clients is to better understand their plans for managing their investment real estate assets over their lifetime and then provide advice and assistance to smoothly transfer ownership and management responsibilities in the event of death or disability.  While most of our clients have existing estate plans including wills and trusts, we find that many of these plans need to be updated especially when new investment assets are acquired.  In this blog we’ll discuss why it is especially important for real estate investors to have an updated estate plan.  ## **Estate Planning: What is It?** Estate planning determines how your assets will be divided in the event of your death or incapacitation. In a nutshell, estate planning is choosing who will inherit your property. Your estate includes all of your possessions. That includes not only vehicles and other valuables but also property such as real estate. Financial goods such as stocks, bonds, life insurance, retirement savings, and bank accounts are also included in your estate. Joint accounts and other things you share are also counted. You should include a bequest even if it is purely sentimental in nature. This guarantees that your assets are distributed to your loved ones rather than the IRS or a probate lawyer. ## **Wills Versus Trusts** Wills and trusts are the two main instruments used in estate planning. These documents are intended to name heirs to your property in case of your passing and to provide instructions if you become incapacitated. A trust is a legal contract that permits you to transfer assets to a trustee who manages them in accordance with your wishes, either during your lifetime or after your death. This gives you more flexibility and control over asset distribution than a will alone can provide; in other words, a trust can take effect while you are still alive, whereas a will only takes effect after death. There are various types of trusts. To mention a few, there are testamentary trusts, joint trusts, and living trusts. They may also be irrevocable or revocable, depending on your needs and future goals. All of them, nevertheless, function as an account into which you can transfer certain assets, designating a beneficiary who will get them at a given moment. Additionally, trusts can keep details of estate plan private and out of probate court, which may lower your estate's overall tax burden. Property placed in a trust can be transferred to a beneficiary generally without any issues or inquiries from governmental agencies. ## Differences in Estate Planning for Real Estate Investors There are significant differences between estate planning for the normal person and estate planning for real estate investors. One difference is that real estate investors frequently own several properties, each with varying debt loads, values, and prospects for growth. Additionally, real estate investors may own properties dispersed throughout multiple states or even nations, which can provide challenges due to disparate tax regulations and legal obligations. Additionally, long-term capital gains taxes, ownership structures (such partnerships or LLCs), and rental revenue must be taken into consideration by investors. An investor's plan must contain details of how to manage, retain, or dispose of real estate assets in a tax-efficient manner, in contrast to the typical estate plan, which may concentrate on personal assets such as a principal residence, cash, and investments.  All third parties involved in managing your real estate assets e.g., property and asset managers, financial advisors, etc. should be identified including their contact information so that heirs can efficiently obtain needed information to facilitate transfer of ownership and responsibilities. Succession planning must be carefully considered when estate planning for real estate investors, particularly if the assets are owned by a family business. Making a plan that is intended to provide a seamless transfer and prevent disagreements over the management or distribution of possessions is crucial when there are several heirs involved. ## **Estate Planning Benefits for Real Estate Investors** A solid up-to-date estate plan well worth the effort and cost to strive to ensure that your assets will be properly managed should you become incapacitated or pass unexpectedly. Furthermore, a well-crafted estate plan addresses the future of your family, including a surviving spouse and heirs who may need guidance when inheriting real estate investments.  For real estate investors, estate planning may provide the following benefits: - **Avoiding probate.** The probate process is a court-supervised procedure wherein the validity of the will is established and acknowledged as the deceased's actual final testament. The executor listed in the will is formally appointed by the court, granting them the authority to act on behalf of the deceased. The probate process can be complex, expensive and require between six and eighteen months – or even longer to complete depending on circumstances.  As a result, heirs might not gain the benefit of assets for an extended time and be subject to legal costs which could reduce available funds. - **Asset protection.** An estate plan can provide asset protection to guard against creditors or unscrupulous individuals from taking away your accumulated wealth. A properly constructed asset protection plan can safeguard your loved ones from creditors, lawsuits, bankruptcy, and divorce actions.  - **Charitable donations.** Through contributing appreciated assets to charities, investors can generate tax deductions and ongoing revenue to enjoy during their lifetime while fulfilling philanthropic objectives. A common structure is the charitable remainder trust (CRT) which is an irrevocable trust which can help with retirement and estate planning.  - **Avoiding taxes.** An experienced tax advisor can provide additional tax savings strategies within your estate plan including gifting plans, funding an education account for children or grandchildren, converting 401(k) or IRA accounts to a Roth 401(k), and utilizing life insurance options,  among other options. ## **Bottom Line** Estate planning for real estate investors can be more complex than traditional estate planning. You can potentially safeguard your real estate holdings and facilitate a seamless transition for your successors by utilizing tactics like liability protection, tax-efficient giving, and trusts. By doing this, you can seek to protect your financial legacy for next generations. Estate planning is an ongoing process, and investors should review and update their plans whenever their financial circumstances materially change e.g., selling or acquiring new assets – or when tax laws are changed. We encourage our clients who have made new investments with our firm to set aside time in the following year to ensure that their plans are updated and continue to meet their objectives.  For more information on estate plans including real estate investment options, please contact us at 408 392-8822 via email at [info@fgg1031.com](mailto:info@fgg1031.com).  You can also download Paul's latest ebook [here](https://pages.fgg1031.com/resources/real-estate-tax-deferral-strategies).  [![](https://no-cache.hubspot.com/cta/default/5468919/interactive-183026367846.png)](https://blog.fgg1031.com/hs/cta/wi/redirect?encryptedPayload=AVxigLLRUB%2BfxbQVqoYSJ1lBsoXMZYuP%2FHwGse6Gnp3gxDoLfPRpLzg4ipGL3WaKnYNQDLJHKUlxwl1npTNaFBMcMdX%2FxUSyIlKyfhYBZ6AV9fK%2FdgZ%2BtYD%2F%2F159Oq%2BRO%2FQWxGz3vHchtI7Yx6m1mWIn7Mud8rav%2FeOUoWGQZZcM6l8TGPAU5GkEa9ZtnEVzmCKuaxMv5xZGr8VycvNv2vlVQ2%2B2jQRnQP%2Bi1QuGVYXxLKn3&webInteractiveContentId=183026367846&portalId=5468919) ### [Paul Getty](https://blog.fgg1031.com/blog/author/paul-getty) Paul M. Getty is one of the most experienced 1031 exchange specialists in the United States, with a career in real estate that spans over 35 years and more than $5 billion in commercial transactions across every major asset class. His work covers single-family rentals, apartments, retail, office, multifamily, and student and senior housing, giving him a practical understanding of how different property types perform across market cycles and how investors can move between them using tax-deferred exchange strategies. As President and CEO of FGG1031 | First Guardian Group, Paul advises investors through the full 1031 exchange process, from identifying qualifying replacement properties to structuring acquisitions through Delaware Statutory Trusts (DSTs) and wholly owned real estate. His guidance covers both the compliance requirements of a valid exchange and the investment decisions that determine long-term portfolio outcomes – a combination that is difficult to find in a single advisor. Paul holds a California and Texas real estate broker license and carries Series 22, 62, 63, and 82 securities licenses as a registered representative with Emerson Equity LLC, member FINRA /SIPC. He has represented buyers and sellers across complex commercial transactions, sourced and structured debt and equity, and worked alongside nationally recognized firms including Marcus Millichap, CBRE, JP Morgan, and Morgan Stanley. Before founding FGG1031, he co-founded Venture Navigation, a boutique investment banking firm whose M&A and IPO activity generated over $700 million in investor returns. Paul holds an MBA in Finance from the University of Michigan and a bachelor’s degree in chemistry from Wayne State University. He has also completed coursework in artificial intelligence at Stanford University. He is the author of four books on real estate investing and tax deferral strategy, including Tax Deferral Strategies Utilizing the Delaware Statutory Trust (DST) and Real Estate Investing in the New Era, both available on Amazon. A frequent speaker on 1031 exchanges, DST investing, and real estate tax strategy, Paul Getty is a recognized voice for investors and advisors seeking guidance on capital preservation through tax-deferred real estate investment. ## Your Comments : This is a search field with an auto-suggest feature attached. - There are no suggestions because the search field is empty. - Latest Posts - Popular Posts [Partial 1031 Exchange: How It Works, What Gets Taxed, and When It May Make Sense](https://blog.fgg1031.com/blog/partial-1031-exchange-how-it-works) [ 1031 Exchange](https://blog.fgg1031.com/blog/topic/1031-exchange) [721 UPREIT Options in DST Programs (Part 3)](https://blog.fgg1031.com/blog/721-upreit-options-in-dst-programs) [ Real Estate Investors](https://blog.fgg1031.com/blog/topic/real-estate-investors) [ DST](https://blog.fgg1031.com/blog/topic/dst) [ 721 Exchange](https://blog.fgg1031.com/blog/topic/721-exchange) [ UPREIT](https://blog.fgg1031.com/blog/topic/upreit) [ New featured](https://blog.fgg1031.com/blog/topic/new-featured) [Can a 9% Taxable Return Beat a 4.5% Tax Advantaged DST?](https://blog.fgg1031.com/blog/can-a-9-taxable-return-beat-a-4.5-tax-advantaged-dst) [ Real Estate Investors](https://blog.fgg1031.com/blog/topic/real-estate-investors) [ DST](https://blog.fgg1031.com/blog/topic/dst) [ New featured](https://blog.fgg1031.com/blog/topic/new-featured) ### Categories - 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[CPA (1)](https://blog.fgg1031.com/blog/tag/cpa) - [Cost Segregation (1)](https://blog.fgg1031.com/blog/tag/cost-segregation) - [Mortgage (1)](https://blog.fgg1031.com/blog/tag/mortgage) - [PPM (1)](https://blog.fgg1031.com/blog/tag/ppm) - [Rent Relief (1)](https://blog.fgg1031.com/blog/tag/rent-relief) - [Retail (1)](https://blog.fgg1031.com/blog/tag/retail) - [The Tax Cuts and Jobs Act (1)](https://blog.fgg1031.com/blog/tag/the-tax-cuts-and-jobs-act) see all ### Read more of what you like. ## [Impending Estate Tax Exemption Changes Have Some Families Scrambling](https://blog.fgg1031.com/blog/impending-estate-tax-exemption-changes-have-some-families-scrambling) ## [Understanding the Difference Between Inheritance and Estate Tax](https://blog.fgg1031.com/blog/understanding-the-difference-between-inheritance-and-estate-tax) ## [IRS Rules to Not Allow a Step Up in Basis for Irrevocable Trusts](https://blog.fgg1031.com/blog/irs-rules-to-not-allow-a-step-up-in-basis-for-irrevocable-trusts) [![FGG_Footer_White](https://blog.fgg1031.com/hs-fs/hubfs/FirstGuardianGroup_2022/FGG_Footer_White.png?width=300&height=95&name=FGG_Footer_White.png "FGG_Footer_White")](http://fgg1031.com) 97 East Brokaw Road, Suite 350, San Jose, CA 95112 [(866) 398 1031](tel:(866)%20398%201031) [info@firstguardiangroup.com](mailto:info@firstguardiangroup.com) ## Recent Blogs - [Investing in Senior Housing October 20, 2022](https://blog.fgg1031.com/blog/investing-in-senior-housing) - [A Closer Look at the 7 Deadly Sins October 20, 2022](https://blog.fgg1031.com/blog/a-closer-look-at-the-seven-deadly-sins) - [What is a Springing LLC? October 20, 2022](https://blog.fgg1031.com/blog/what-is-a-springing-llc) ## Useful Links - Home - About Us - Blogs - Testimonials from Past Customers - Resource Center - Current Offerings Disclaimer: There is no guarantee that any strategy will be successful or achieve investment objectives. All real estate investments have the potential to lose value during the life of the investments. This material does not constitute an offer to sell nor a solicitation of an offer to buy any security. Such offers can be made only by the confidential Private Placement Memorandum (the “Memorandum”). Please be aware that this material cannot and does not replace the Memorandum and is qualified in its entirety by the Memorandum. This material is not intended as tax or legal advice so please do speak with your attorney and CPA prior to considering an investment. This material contains information that has been obtained from sources believed to be reliable. However, FGG1031, First Guardian Group, LightPath Capital, Inc., and their representatives do not guarantee the accuracy and validity of the information herein. Investors should perform their own investigations before considering any investment. There are material risks associated with investing in real estate, Delaware Statutory Trust (DST) and 1031 Exchange properties. These include, but are not limited to, tenant vacancies, declining market values, potential loss of entire investment principal. Past performance is not a guarantee of future results: potential cash flow, potential returns, and potential appreciation are not guaranteed in any way and adverse tax consequences can take effect.  The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities. All financed real estate investments have a potential for foreclosure. Delaware Statutory Trust (DST) investments are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments. Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions. Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits. IRC Section 1031, IRC Section 1033, and IRC Section 721 are complex tax codes; therefore, you should consult your tax and legal professional for details regarding your situation. DST 1031 properties are only available to accredited investors (generally described as having a net worth of over one million dollars exclusive of primary residence) and accredited entities only (generally described as an entity owned entirely by accredited individuals and/or an entity with gross assets of greater than five million dollars). If you are unsure if you are an accredited investor and/or an accredited entity, please verify with your CPA and Attorney prior to considering an investment. Securities offered through registered representatives of [LightPath Capital, Inc.](http://www.lightpathcapital.com/) Member [FINRA](http://www.finra.org/) / [SIPC](https://www.sipc.org/). FGG1031, First Guardian Group, and LightPath Capital, Inc. are separate entities. Copyright 2022, All Rights Reserved, FGG1031 [![FGG_Footer_White](https://blog.fgg1031.com/hs-fs/hubfs/FirstGuardianGroup_2022/FGG_Footer_White.png?width=300&height=95&name=FGG_Footer_White.png "FGG_Footer_White")](http://fgg1031.com) 97 East Brokaw Road, Suite 350, San Jose, CA 95112 [(866) 398 1031](tel:(866)%20398%201031) [info@firstguardiangroup.com](mailto:) [![Bitmap](https://blog.fgg1031.com/hubfs/FirstGuardianGroup_2023/Bitmap.png)](https://brokercheck.finra.org/individual/summary/6470002) ## Recent Blogs - [Understanding the Difference Between Inheritance and Estate Tax August 3, 2023](https://blog.fgg1031.com/blog/understanding-the-difference-between-inheritance-and-estate-tax) - [Public or Private Real Estate? Your Investment Portfolio May Need Both July 27, 2023](https://blog.fgg1031.com/blog/public-or-private-real-estate-your-investment-portfolio-may-need-both) - [How to Use 1031 Exchange Funds to Improve Your Replacement Property July 20, 2023](https://blog.fgg1031.com/blog/how-to-use-1031-exchange-finds-to-improve-your-replacement-property) ## Useful Links - [Home](http://fgg1031.com/) - [About Us](https://fgg1031.com/about-us/) - [Blogs](https://blog.fgg1031.com/blog) - Testimonials from Past Customers - [Resource Center](https://fgg1031.com/resource-center/) - [Current Offerings](https://fgg1031.com/property-listings-directory/) FGG1031 | First Guardian Group and Emerson Equity LLC do not provide legal or tax advice. Securities offered through [Emerson Equity LLC](http://www.emersonequity.com/) Member [FINRA/SIPC](http://finra.org/) and MSRB registered. Emerson Equity LLC is unaffiliated with any entity herein. 1031 Risk Disclosure: - There is no guarantee that any strategy will be successful or achieve investment objectives; - Potential for property value loss – All real estate investments have the potential to lose value during the life of the investments; - Change of tax status – The income stream and depreciation schedule for any investment property may affect the property owner’s income bracket and/or tax status. An unfavorable tax ruling may cancel deferral of capital gains and result in immediate tax liabilities; - Potential for foreclosure – All financed real estate investments have potential for foreclosure; ·Illiquidity – Because 1031 exchanges are commonly offered through private placement offerings and are illiquid securities. There is no secondary market for these investments; - Reduction or Elimination of Monthly Cash Flow Distributions – Like any investment in real estate, if a property unexpectedly loses tenants or sustains substantial damage, there is potential for suspension of cash flow distributions; - Impact of fees/expenses – Costs associated with the transaction may impact investors’ returns and may outweigh the tax benefits No offer to buy or sell securities is being made. Such offers may only be made to qualified accredited investors via private placement memorandum. Risks detailed in a private placement memorandum should be carefully reviewed, understood and considered before making such an investment. Prospective strategies and products used in any tax advantaged investment planning should be reviewed independently with your tax and legal advisors. Changes to the tax code and other regulatory revisions could have a negative impact upon strategies developed and recommendations made. Past performance and/or forward looking statements are never an assurance of future results. Many of the investments offered will be only available to those investors meeting the definition of an Accredited Investor under SEC Rule 501(A) and offered as Regulation D private placement securities via a Private Placement Memorandum (“PPM”). Prospective investors must receive, read and understand all of the risks associated with buying private placement securities. Investments are not guaranteed or [FDIC](http://fdic.org/) insured and risks may include but are not limited to illiquidity, no guarantee of income or guarantee that all tax advantages or objectives will be met and complete loss of principal investment could occur. **Risk Disclosure:** Alternative investment products, including real estate investments, notes & debentures, hedge funds and private equity, involve a high degree of risk, often engage in leveraging and other speculative investment practices that may increase the risk of investment loss, can be highly illiquid, are not required to provide periodic pricing or valuation information to investors, may involve complex tax structures and delays in distributing important tax information, are not subject to the same regulatory requirements as mutual funds, often charge high fees which may offset any trading profits, and in many cases the underlying investments are not transparent and are known only to the investment manager. Alternative investment performance can be volatile. An investor could lose all or a substantial amount of his or her investment. Often, alternative investment fund and account managers have total trading authority over their funds or accounts; the use of a single advisor applying generally similar trading programs could mean lack of diversification and, consequently, higher risk. There is often no secondary market for an investor's interest in alternative investments, and none is expected to develop. There may be restrictions on transferring interests in any alternative investment. Alternative investment products often execute a substantial portion of their trades on non-U.S. exchanges. Investing in foreign markets may entail risks that differ from those associated with investments in U.S. markets. Additionally, alternative investments often entail commodity trading, which involves substantial risk of loss. NO OFFER OR SOLICITATION: The contents of this website: (i) do not constitute an offer of securities or a solicitation of an offer to buy of securities, and (ii) may not be relied upon in making an investment decision related to any investment offering by FGG1031 | First Guardian Group, Emerson Equity LLC, or any affiliate, or partner thereof. FGG1031 | First Guardian Group does not warrant the accuracy or completeness of the information contained herein. Copyright 2026, All Rights Reserved, FGG1031