Next steps

Create Permit Trust

  • simple, single asset trust per USFS requirement
  • trustee holds permit, may not trigger transfer fee if permittee remains the same (Ellen) & is done this year
  • all nine co-owners transfer their share to trust in exchange for beneficiary interest (buy out Mike’s heirs later) 

 

Create Ownership Agreement 

  • In exchange for transfer to Cabin Trust, each “Branch” - FM & HTM - retains 50% beneficial interest - not 3/7 & 4/7
  • Keep decision-making in proportion to current 6 participating members, or their heirs in proportion  
  • Annual Expenses - 50% of the total of permit fee, property tax & HLCOA fee paid by each branch (FM & HTM) - branch to determine where $$ come from (dynasty trust or personal).  Electrical & supplies to be paid by user fees.
  • Repairs & Maintenance - 50% to be paid by each dynasty trust.  Each branch provides 1 or 2 Repair Committee member(s). Damage caused by user to be paid by user or their sponsor.
  • Define privilege to use - Timing, owner vs. visitor, fees, spousal “life estate”  
  • Transfers of beneficiary interest - keep within family - priority to members of own branch, then other branch - no payout 
  • Sale - only if 95% agreement, proceeds 50% per branch, divided by members per their input in $ or time 
  • Avoid probate - agree to include cabin interest in will or trust
  • Insurance - agree to provide liability (additional insured location), acknowledge no fire insurance, no re-build
  • Waive right of partition, right to transfer, right to rent
  • Agree to keep historic integrity of cabin - no additions, substantial changes or re-decorating unless 95% agreement - improvements all subject to USFS