What advantages would a Trust holding LLCs for Fix and Hold real estate investing have over getting a commercial umbrella policy and be done with it.
How would a Trust protect when an umbrella policy wouldn’t.
How many properties do you put in one LLC?
How much paperwork is involved in setting up a trust with LLC’s and what are the tax advantages?
If I set up a trust that holds LLCs, will I be spending loads of time and money on lawyers and accountants in order to avoid paying taxes and avoiding low probability chances of getting sued?
Some pretty good questions.
Here’s the structure that we propose:
For long term holds…set up an LLC.
Then when your LLC is going to purchase a property, set up a land trust for each property and have the seller as the initial beneficiary. Then the seller assigns his beneficial interest to your LLC.
The deed will identify the name of the trust…one trust per deed and the deed is recorded.
The trust agreement will identify the seller and the assignment will identify your LLC.
The trust agreement isn’t recorded so no one knows that your LLC owns and controls the property.
The purpose for doing this is to shield the ownership from public view. Properties in a Land Trust can also avoid probate.
We’re not trying to avoid using insurance or having an umbrella policy, we’re keeping our name out of public view so that no one wants to ‘hassle us’ or ‘shake us down’ because they discover that we’re the owners of many properties.
For example, your 16 year old child gets involved in an car accident. An attorney does a search on you and your LLCs. He puts a freeze on your checking accounts pending a settlement from you insurance agent. Woops! That’s a problem.
How about a tenant slips and falls. Tenant hires one of those attorneys on the back of the magazine that says, “If you’ve been harmed, we’re here to help!” Same hassle, same freeze on accounts, same shake down.
The effort needed to establish an LLC is minor. The cost in most states is less than $100 per year (Indiana is $30 per year). Creating a Land Trust is simple and included in several of our courses…no attorney needed. Creating an Assignment of Beneficial Interest is a one page document, also included in our materials.
So the effort is minimal. The advantage is substantial. The cost is virtually zero.