How to Avoid Pitfalls When Loaning Money to a Family Member

It’s either the stuff of nightmares—or a normal, everyday part of life. Financial advisors who cater to wealthy clients say a loan to another family member can be the answer to a lot of problems, but caution that they can raise just as many issues as they aim to solve.

“When money’s involved, family isn’t always family. Sometimes money trumps family,” says Jon Ekoniak, a partner at Bordeaux Wealth Advisors, based in Silicon Valley.

Loans between family members—usually, but not always, from an older person to their children or grandchildren—may be best ventured with the help of financial advisors who have experience setting them up. Professional guidance can make the situation more comfortable for family members unaccustomed to transacting business with each other. It’s also safer, as intra-family loans may have implications ranging from taxes to legal issues.

Ekoniak describes one example of parents with a grown daughter who’d married someone who “bounced” from job to job. The young couple wanted to have children, but could only afford a small rental apartment. After nearly a year of agonising over different ways to help the couple, the parents finally decided to simply offer them a loan to buy a house.

“They set up a trust fund and 50% of the income from the trust would be used to pay back the loan,” Ekoniak says. The loan repayments were interest only, at the government’s prevailing “applicable federal rate,” which is the lowest rate the IRS allows for private loans.

It seems straightforward—the “Bank of Mom and Dad” has long been a normal part of young adulthood in America, after all. But there are plenty of possible pitfalls to keep in mind.

If nothing else, loans “should be money that the parent is willing to turn into a gift,” says Mark Weiskind, founding partner at Independence, Ohio-based Fairway Wealth Management. “You’re very unlikely to push hard to collect from your child.”

In some cases, that impulse may be communicated up front, with the lenders explaining that they’d like to receive repayment according to a particular schedule but are flexible if the borrowers can’t make a payment for some reason. But even lenders who do expect their borrowers to stick to a particular repayment schedule need to be flexible, experts say.

What’s more, Weiskind says, “You have to be willing to accept a lower interest rate” on a loan than you might otherwise. In other words, don’t expect to make money from entering into a financing arrangement with a family member.

Parents helping their children should also carefully consider whether they want to tell their other children, if there are any, about the loan. That becomes an even thornier question when money is being loaned between grandparents and grandchildren or aunts and uncles and their niece or nephew, Ekoniak points out.

The bigger question becomes: Does helping one child mean you have to do the same for all the children? “Everyone is thinking, ‘what about me?’” Ekoniak says.

Experts also advise thinking through all the various scenarios that could arise after the loan is agreed to. If the parents are never repaid, do they simply write off the loan as a gift, say by applying the full gift tax exclusion exemption of US$36,000 per couple every year until the balance disappears? If one sibling benefits from the loan but others do not, should it be considered an advance on the inheritance—and do estate documents need to be rewritten to account for the discrepancy?

While the most common uses for intra-family loans do tend to be real estate, Weiskind has also structured several that allow a parent to pass on a share of the family business to children. Either way, it’s important to consider whether the loan has some sort of collateral, he says, and how complicated the documentation needs to be.

“More often than not we see a simple promissory note,” Weiskind says. “I have seen a few instances where they have filed a mortgage on the property just to have protection in case of divorce”—that is, to protect the natural-born child against someone who’s married into the family.

“I’ve never seen a parent foreclose on a child,” Weiskind says with a laugh. But not paying back a loan “could lead to bad blood.”

As if family dynamics weren’t already challenging enough.

To get what you want, try closing your mouth.

A well-deployed silence can radiate confidence and connection. The trouble is, so many of us are awful at it.

We struggle to sit in silence with others, and rush to fill the void during a pause in conversation. We want to prove we’re smart or get people to like us, solve the problem or just stop that deafening, awkward sound of nothing.

The noise of social media and constant opinions have us convinced we must be louder to be heard. But do we?

“I should just shut up,” Joan Moreno , an administrative assistant in Spring, Texas, often thinks while hearing herself talk.

Still, she barrels on, giving job candidates at the hospital where she works a full history of the building and parking logistics. She slips into a monologue during arguments with her husband, even when there’s nothing good left to say. She tries to determine, via a torrent of texts, if her son is giving her the silent treatment. (Turns out he just had a cold.)

“I should have just held it in,” she thinks afterward.

We often talk ourselves out of a win. Our need to have the last word can make the business deal implode or the friend retreat, pushing us further from people we love and things we want.

“Let your breath be the first word,” advises Jefferson Fisher , a Texas trial lawyer who shares communication tips on social media.

The beauty of silence, he says, is that it can never be misquoted. Instead, it can act as a wet blanket, tamping down the heat of a dispute. Or it can be a mirror, forcing the other person to reflect on what they just said.

In court, he’ll pause for 10 seconds to let a witness’s insistence that she’s never texted while driving hang in the air. Sure enough, he says, she’ll fill the void, giving roundabout explanations and excuses before finally admitting, yes, she was on her phone.

For a mediation session, he trained a client to respond in a subdued manner if the other party said something to rile him up. When an insult was lobbed, the client sat quietly, then slowly asked his adversary to repeat the comment. No emotional reaction, just implicit power.

“You’re the one who’s in control,” Fisher says.

Acing negotiations

To be the boss, “you gotta be quiet,” says Daniel Hamburger , who spent years as the chief executive of education and healthcare technology firms.

He once sat across the negotiating table from an executive who was convinced his company was worth far more than Hamburger wanted to pay to acquire it. What Hamburger desperately wanted to do was explain all the reasons behind his math. What he actually did was throw out a number and then shut his mouth.

Soon they were shaking on a deal.

Hamburger, who retired last year and now sits on three corporate boards, also deployed strategic silence when running meetings or leading teams. If the boss chimes in first, he says, some people won’t speak up with valuable insights.

Days into one CEO job, Hamburger was confronted with two options for rewriting a piece of the company’s software. He didn’t answer, and instead turned the question back on the tech team.

“People were like, ‘Really? Are you really asking?’” he says. By morning, he had a 50-page deck from the team outlining the plan they’d long thought was best. He left them to it, and the project was done in record time, he says.

A day without speaking

Staying mum can feel like going against biology. Humans are social animals, says Robert N. Kraft , a professor emeritus of cognitive psychology at Otterbein University, in Ohio.

“Our method of connecting—and we crave it—is talking,” he says, adding that it excites us, raising our blood pressure, adrenaline and cortisol.

For years, Kraft assigned his students a day without words. No talking, no texting. Some of the students’ friends reported later that they’d been unnerved. After all, silence can be a weapon.

Many students also found that when forced to listen, they bonded better with their peers.

When we spend conversations plotting what to say next, we’re focused on ourselves. Those on the receiving end often don’t want to hear our advice or semi related anecdotes anyway. They just want someone to listen as they work through things on their own.

The question mark trick

Without pauses, we’re generally worse speakers, swerving into tangents or stumbling over sounds.

Michael Chad Hoeppner , a former actor who now runs a communications training firm, recommends an exercise to get used to taking a beat. Ask one question out loud, then draw a big question mark in the air with your finger—silently.

“That question mark is there to help you live through that fraught moment of, ‘I really should keep talking,’” Hoeppner says.

At a cocktail party or in the boardroom, you can subtly trace a question mark by your side or in your pocket to force a pause.

Sell with silence

Fresh out of college, Kyler Spencer struggled through meetings with potential clients. Some sessions stretched to two hours and still didn’t end in a yes.

The financial adviser, based in Nashville, Ill., realized he was rambling for 15-minute stretches, spouting off random economic facts in an attempt to sound savvy and experienced.

“I basically just bulldozed the meeting,” says Spencer, now 27.

He started meditating and doing breathing exercises to calm his nerves before meetings. He now makes sure to stop talking after a minute or two. The other person will jump in, sharing about their life, fears and goals. It’s information Spencer can use to build trust and pitch the right products.

His client list soon started filling up, and happy customers now send referrals his way.

“It’s amazing,” he says, “what you learn when you’re not the one talking.”

How to Avoid Pitfalls When Loaning Money to a Family Member

Silence makes us feel awkward. Deploying it can be a superpower.

Acing negotiations

A day without speaking

The question mark trick

Sell with silence