7 Super Powers of Land Trusts in Real Estate Asset Protection
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- čas přidán 8. 06. 2024
- Land Trusts, or real property holding companies, are excellent tools for investors to use when purchasing investment properties. In this video, we will discuss the powers land trusts offer for real estate asset protection.
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Due to their many advantages and offers to real estate investors, they are a popular choice when it comes to entity structuring.
We will begin with the basics of land trusts, such as the roles played by the trustee, guarantor, and beneficiary. These are but three of the many key variables to mind when utilizing land trusts.
"Any time you have a trust, you'll have these players (Trustee, Grantor, Beneficiary). There's always three of them."1:10
And as the title suggests, there are seven, count them, seven points we want to go over that emphasize the abilities that land trusts have.
Please enjoy our content that will take you through the powers that come with using a land trust. If you have any questions, be sure to leave them in the comments.
Until our next video, partake in our other content, which is full of information that is sure to help you further take advantage of the opportunities offered by various types of land trusts. Land trusts are a powerful tool that can be used in many situations, and can provide you with various benefits. With this knowledge comes great power; however, it is important to know what these benefits are before making any decisions regarding your land trust.
Fans of this type of content or the channel as a whole should consider liking, sharing, and subscribing to the channel.
Show Notes:
0:00 Intro
0:40 General Land Trust Info
3:46 Beneficiary Asset Protection
14:55 Land Trust & Public Record
16:10 Unlimited Land Trusts
17:01 Do On Sale Clauses
19:40 Customized Ownership
21:45 Beneficiary Switch Out
22:03 Personal Residence
28:07 Naming System
35:22 Outro
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Toby Mathis, Esq. is the best-selling author of Infinity Investing: How the Rich Get Richer And How You Can Do The Same. Toby is a tax attorney and founded Anderson Business Advisors, one of the most successful law, tax, and estate planning companies in the United States. Learn more at aba.link/tobyaba
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#landtrust #assetprotection
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I listen to your video. Like what you are saying. Can I buy property then put it in a trust? I plan to buy roughly 7 pieces of property..
Sounds good thank you.
Last 2 sales, also under the Land Trust (random number) where my LLC from DE was the trustee, the Title companies gave me a hard time. Florida county, not bright people. I showed the the sample of a Trustee’s Deed from a past sale, they still had no idea how to do the closing docs. The kept putting my name personally as the Seller and I had to return the docs, 3 times! saying NO. The seller must be listed as the LLC as Trustee, exactly as in the deed. Yes I always record every deed.
Very helpful 😂 Does that mean The LLC is better solution?
Excellent explanation of how to use land trusts in real estate biz. Very valuable! Many thanks!!!
Thank you for all the information
Love this I haven’t heard anyone talk about land trust like this since Ron Legrand
Your videos have all been amazing. I have not seen anything however concerning lump sump settlements from inheritance. I would like to know where to start after settling while primarily investing in stocks and bonds.
You have shown how to set up living trusts, land trusts, and LLC's which have been most helpful. We will be using brokerage companies like Schwab, etc. What is the step by step procedure and can your firm handle everything we need please.
Thank you Toby.
Highly informative in a compact presentation with visuals! I need to elevate my game and become a client ASAP! Nice shoes by the way LOL.
Great info
Always impressed with the knowledge you provided.
What is the difference between a land trust and a land patent?
WOW, Very Powerful Information, Thanks Toby.
Glad you enjoyed it!
Thank you !
What are they tax implications of granting your house to a land trust, then renting that house yourself?
Great Information. I've been watching a lot of your videos, very informative. You mentioned land trust in any states other than FL doesn't provide asset protection. We live in FL, does it mean that FL land trust provide asset protection as well? Can you maybe explore more on the FL land trust a little bit more?
Thank you
Oh wow would love to do this
This was great! thank you
Glad you enjoyed it! Thank you for watching the channel!
Great job.
Such great humor!
This is awaome video! Great job and thank you for sharing.
Thank you too for watching us!
I’ve a platinum client of Anderson for about a year now and you’ll be putting my personal residence into a land trust this month. It sounded like perhaps if I have a mortgage or HELOC (w/a balance) I might need to get the bank’s approval…? Do I need to worry about that? I’m in Wisconsin by the way.
@@TobyMathis
gracias 🙏🙏🙏
SOLID!
As always you are the best
I appreciate your support.
Great content as always. Thank you so much for clarifying a lot of questions. One more in regards to the name of the trust. Leaving a trust by convenient way of using the address and the street how is the event offers on the property and that two investors are using the same strategy, and now we have two offers have the same. Another concern and question I have is around someone setting up the same name of a trust and using it to illegally sell your property since the trust name is the same. How can you protect a trust name from being used by another person
Thanks Toby!
I’m a KnuckleDragger sooo
I really appreciate the info
Any time!
Thank you so much Toby! Been watching you for a while and I need info about what to do with something. Can't mention it here, but would love to talk to you personally as I don't trust anyone pretty much. Thanks, u r awesome!
You can find our contact information on our website andersonadvisors.com/
thanks
Please talk about the Special Needs Trust & Protections…… A new Hoa created is threatening to sue this trust.
Thanks 👏👏👏👏
Thank you for watching! 😊
@@TobyMathis you’re welcome 👏👏👏
Kitty looks just like you!
Really appreciate, very helpful 👍🏼
Great 👍
@7:00 - you mentioned "any real-estate" ... "your house" ... but this ( primary home you reside) is protected by "homestead exemption" laws in most states, including in lousy ones like California ! And in a recent ruling ( 2021 in CA) even the equity is now protected ( upto 600k). Pls correct me , if I'm wrong ...
Toby....I subscribe and often listen (and share) your videos. Thanks for the great, in-depth information you provide. I'm in Pennsylvania. When researching land trusts in my state it seems like the conversation pertains mostly about preservation of parks and trails, game lands, and other public spaces. Not necessarily rental properties that are held in LLC. Am I viewing the right information or are there other sources in Pennsylvania that I can look at to gain asset protection? Thanks, again.
Thank you for your continued support and engagement with our content! I appreciate your question about land trusts in Pennsylvania. To address your concerns and provide you with tailored advice based on Pennsylvania's specific regulations, I recommend scheduling a free strategy session. Visit: aba.link/d1bcb3
Toby, how did you fare during the self-inflicted pandemic, when landlords were prevented from collecting rents and were prevented from evicting deadbeats?
well hopefully he took a ppp loan to cover the cost of lost rents
Nice Puddy Cat ❣🤗🐢👋
@29:47 You should put the green shoes in a land trust...
Amazing stuff.🤯🤯 Theoretically, could I be the grantor and the beneficiary? And can you transfer the deed to an LLC when the property is financed by a DSCR loan?
I’m curious - if you buy a home from someone using owner financing, how often do those sellers question why the paperwork mentions the name of a land trust instead of the actual buyer’s name?
Solid info. Would be interested if it’s the same taxable event when you sell the investment home in a trust with the LLC as the beneficiary as it is when you sell as an individual ?
A revocable trust and a single member LLC are disregarded for federal tax purposes, so for tax purposes it's the same as selling a property that is just in your own name.
When forming a WY LLC for Land Trust purposes is it necessary to complete Articles of Organization and Operating Agreements?
What if you paid off your house. Would it be easier to generate a land trust?
Should I be getting a LLC and land trust for my first house and primary residence and how would I do it
Problem with placing your primary residence under a trust is you cant claim property tax deduction anymore with your town. Where i live thats huge. About 3-4k a yea
Any effect Re homestead discounts
Hey Toby, quick question. You mentioned that when putting bids on properties, while waiting on the state for LLC paperwork, you can get it in the name of the trust without it going through you first. How does that work exactly when the title of the property must list the name of a trustee that is holding title in their trustee capacity on behalf of the trust if such LLC has not yet been created. You must either take title of the property in your own name as trustee, or have the LLC ready to go and take it in the name of the LLC from what I am understanding.
Thank you so much for your question! We highly recommend you join us at our next Free Tax & Asset Protection Workshop Livestream. Our attorneys and specialists will answer all your questions at no additional cost. Save Your Seat: aba.link/taptoby
in CA, the SOS requires WY LLC be registered if doing business or holding property in CA, right? That kills the anonymity so any other benefit for WY considering extra expense?
Wonderful and informative video. How does Biden's Transparency Act affect LLC's now that he wants every owner of every LLC to register with the government?
they say that the information provided to the government will be shared with other governmental agencies and not available to the public. But it might be leaked, of course.
I own parcels of land in Florida, 2 counties now on sale, under a Land Trust statute 689.1 illinois law. Trustee is my LLC Scorp from DE. I will open a WY LLC holding co. Questions: 1.Should my WY LLC holding co. be SCorp too and the BENEFICIATY of my parcel for sale? and 2. LLC series 1 be the Trustee also with an EIN # as an SCorp?
Beneficiary. The stupid thing wont let me edit my comment.
Can I put my 3 rental properties and a home where we lives in a land trust? By the way we owned these properties for 19 years now. Thanks a lot
Great information. Really interesting.
Glad you enjoyed it
@6:00 With regards to anonymous LLC. If we buy that property under a Trust with an anonymous LLC as a trustee, how are banks going to avail us a property loan? Where and how can we get mortgage if with an anonymous llc? thanks!
How do I switch my current living trust into a land trust? Do I need to have a lawyer draw this up? We own 2 homes. One home has a loan out on it. The more valued property is paid in full. Thank you.
What about New Mexico? Looks like same benefits for 50$ and no early renewal for LLC
Can you please cover a strategy on how to protect your property from Medicaid Recovery. The federal government has guidelines but so do states. Ohio is the most aggresssive when it comes to Medicaid Recovery. And I live in Ohio.
Thank you for your suggestion! I will definitely look into creating a video on strategies to protect property from Medicaid Recovery.
Wondering if, now that interest rates have gone up and banks are losing in the spread of 30 yr mortgages sat say 2-4%, if they will call a due on sale more often now.
Available with an existing mortgage?
Doesnt a "party" of the llc have to sign in behalf of llc.... so if your only member your name is still there correct?
If I have a few properties already deeded to my Nevada LLC, which is owned by a Wyoming LLC, but currently no trust involved.
If I want to have a trust, do I need to delete my properties from my Nevada LLC into the trust?
Great video!!! But I'm confused. I thought that if you get an LLC it's must be registered in the state that you bought the property.
Thank you so much for your question! We highly recommend you join us at our next Free Tax & Asset Protection Workshop Livestream. Our attorneys and specialists will answer all your questions at no additional cost. Save Your Seat: aba.link/taptoby
I was told the same here in Colorado!! Colorado has no protections for homeowners
In New Jersey, I think your Land Trust are called Living Trust.
Is there a template or standardized form for this is in Florida? Or must one hire an attorney? Thank you so much for what you do!!
A land trust should not be a template or cookie cutter document, but tailored to the circumstances and state for which it is being used.
@Toby Mathis Esq | Tax Planning & Asset Protection and separate land trusts required for property in several state? I've just connected with your company and need some counsel!
@@mlwelter NO. Each land trust for each property.
Wondering about irrevocable trust. Put my home in it over 4 yrs ago almost through the 5 years and now wondering if it can be a hidden asset. The lawyer said I had to register the trust in my name along with my living trust. I didn't want that but he said it was mandatory. BTW I am in Arizona
Hi Lee, we recommend speaking with one of our advisors for any legal advice. Here is the link to schedule a free strategy session, bit.ly/3JbMhRP. Or you may call to speak with an advisor at our toll-free line, 800-706-4741.
In NC a Land Trust is for non-profits. Is a "Land Trust" here in NC for this kind of use really just a simplified living trust?
In Arizona, all beneficiaries have to be disclosed
Thanks Toby. Just so I make sure I understand, when a mortgage is in a trust, does that mean a) I can offer "subject to" financing to a buyer who wants to purchase one of my properties? And b) if a seller has an attractive mortgage and I want to buy it "subject to" that existing mortgage, can the seller put the deed into a trust, and then would the trust transact the sale to my trust, negating a "due on sale" clause? Is this something you can dive deeper into it during an upcoming session?
“Trust transact the sale to my trust” ?
@@user-wk2ch9sz5x Sorry. Maybe it's not clear what I'm asking. I'm trying to clarify how it would work, as Toby mentioned, that a mortgage inside a trust doesn't trigger a "due on sale clause". Sounded as if it could work for a seller with original Mtg in a trust, as well as a buyer purchasing a property inside a trust.
How does a first-time rental property investor get a loan with a trust though? What kind of loan is possible?
Do I close in my own name and then immediately warranty deed the property into the Land Trust since I am obtaining financing in my own name on Multifamily less than 5? Does this require that I have a bank account for each land trust or just one at the WY LLC level, or a bank acct in the name of the beneficial owner LLC name?
Thank you so much for your question! We highly recommend you join us at our next Free Tax & Asset Protection Workshop Livestream. Our attorneys and specialists will answer all your questions at no additional cost. Save Your Seat: aba.link/taptoby
Can this be done anytime if owning a home already? Great videos Thanks for sharing info.
Great question, in order to assist you further, I highly recommend you request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. Visit: aba.link/d1bcb3
@@TobyMathis sounds good thank you.
Can this be used as an Estate Planning strategy when a parent wants to leave his commercial real estate to his four adult children?
Is there any benefit to having the Trustee LLC and Beneficiary LLC held within the Holding Company LLC?
I have a Holdings LLC, another entity within it and a third entity floating by itself, outside the Holdings LLC. Should everything be held within the Holdings LLC?
I have almost the same question. My Holding Company LLC would be the beneficiary, that was is hidden, and the LLC series 1 would be The trustee on a Land Trust for each property. Please let me know if Toby ever answers this 😃 Thanks
Toby, I’m assuming that the cost for all of this is a write-off as a business expense?!
We are getting a condo for my brother who has Asperger’s. Unfortunately, I was unable to name the Land Trust after the family cat. Oh well, at least he finally has a home!
Isn't a Land Trust (Grantor Trust) subject to the grantor’s creditor claims, therefore defeating the "LLC as Beneficiary" structure?
As the value of properties increases, I like to get helocs on my properties from bank. Will they give heloc to individual borrower after you have transferred title to trust?
Great question, in order to assist you further, I highly recommend you request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. Visit: aba.link/d1bcb3
Hi Toby,
Did you say multiple properties can be housed in 1 Land Trust?
NO. Each land trust for each property. Under Land trust as per .... Statue of the Law of the state you choose.
can you do land trust in New Jersey and can you recommend someone.
We can assist you creating your land trust as we operate in all 50 states. I recommend setting up a consultation with my team aba.link/d1bcb3
👍👍
Just found this vid! Can you still use this with the new law that requires you to register your name with the federal government when opening an LLC?
I appreciate you checking out the video! I'd recommend setting up a consultation with my team for an answer that is specific to your situation. aba.link/d1bcb3
What about Self Directed IRA? Do i need a land trust and llc? Or is the Custodian and Ira exempt from liability or siezure?
Great question, in order to assist you further, I highly recommend you attend our Free Tax & Asset Protection Workshop where our attorneys and specialists will answer all your questions live at the virtual event. Visit: aba.link/7704ed
Isn’t it if there is a mortgage and a property profile was run, it will show the mortgage?
How does this affect the taxes on the property, would the property be reassessed?
It does not cause a reassessment. The country will need to see the trust to verify that you are the ultimate beneficiary.
Who signs on behalf of the WY LLC trustee on trust to maintain the anonymity of the grantor/beneficiary so as not be identifiable? Doesn’t an officer, manager, or agent need to sign for the trustee? What if that person is the grantor? Wouldn’t that divulge the owner? Thanks.
Great question, in order to assist you further, I highly recommend you attend our Free Tax & Asset Protection Workshop where our attorneys and specialists will answer all your questions live at the virtual event. Visit: aba.link/7704ed
Do you offer this service to get setup?
Hi, I recommend speaking with one of our advisors to go over all the services we provide at Anderson. Here is the link to schedule a free strategy session, aba.link/tobyss. Or you may call to speak with an advisor at our toll-free line, 800-706-4741.
5:20 But in NY there is the Foreign Entity Disclosure Rule. I’m certain other states must have the same.
Just create an NY LLC as the primary holding entity and list the Wyoming or Delaware LLC as it's Member
Can this be done with a regular revocable living trust?
To get the best answer tailored to your specific circumstances, I recommend scheduling a free consultation with my team. Visit aba.link/d1bcb3
When buying property in to a Trust, what is the buying price do you put on the deed? $1 or actually price paid?
Great question! I recommend discussing your unique circumstances in a free strategy session. Visit: aba.link/d1bcb3
What happens if you end up in a lawsuit and are required to answer discovery. Wouldn't you have to divulge this information?
Can the be done in California?
Yes. We use land trusts in CA all the time. We do not use LLCs, however, in CA as the franchise fees are aggressive ($800 yr).
Is this recommended if it's in a trust already?
Great question, in order to assist you further, I highly recommend you request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. Sign up here: aba.link/d1bcb3
What is the cost to set this up in a state Like Nevada?
Hello, I recommend reaching out to my team to learn about the start up costs. Visit: aba.link/d1bcb3
How much do you charge to set this up?
Price would depend on several factors pertaining to the situation. If you are interested, would you like to register for a free strategy session to go over details.
Great video as always, Toby. One question for clarification, though: Regarding the beneficiary of a Land Trust, if for instance, a real estate investor owns a portfolio of 100 apartment buildings, are you saying that the investor could simply use the very same LLC as the beneficiary for all the separate 100 apartment buildings Land Trusts? For instance, using 3 buildings as an example:
Building 1 is Titled "123 Main Street, dated January 1st 20xx, Trustee ABC LLC"....Beneficiary "XYZ LLC".
Building 2 is Titled "234 Main Street, dated March 2ns 20xx, Trustee ABC LLC"....Beneficiary "XYZ LLC"..
Building 3 is Titled "789 Main Street, dated September 14th 20xx, Trustee ABC LLC"....Beneficiary "XYZ LLC".
Having the same LLC named as the beneficiary in all of the Trusts for all 100 apartment buildings, still maintains the asset protections in lawsuits, so that if there is a lawsuit, ultimately only one of the buildings will be at risk, instead of all 100 buildings? Any insight on this will be appreciated. Thanks!!
I would definitely use a separate LLC for each apartment building as the beneficiary. If there is financing, I doubt the bank would allow the same LLC to hold multiple properties. They want isolation to mitigate their risk.
@@TobyMathis - Thanks, Toby. But by using a totally separate LLC to be the beneficiaries of each Trust for each building, wouldn’t that put us in the same predicament in the first place of having 100 separate LLCs to file yearly taxes and fees for etc, which was another set of expenses and inconveniences we were trying to avoid per what you mentioned in the video?
4:54 This throw me off so bad because i cant understand if the {TRUST} is being placed into a LLC or is the LLC being placed into the {TRUST} or is the LLC basically like an extra wall of protection in-front on the trust entry saying its a “flower shop” when its really a “gun shop”.
Thank you so much for your question! We highly recommend you join us at our next Free Tax & Asset Protection Workshop Livestream. Our attorneys and specialists will answer all your questions at no additional cost. Save Your Seat: aba.link/taptoby
Question in 2024 is this still legal?I live in Florida and want to protect my two properties
Thank you for bringing up this question! I recommend a free strategy session. We can provide personalized guidance and address any concerns you may have. aba.link/d1bcb3
When you change the beneficiary of the trust, does that change the signed date which would then need to be changed on title?
Concerning land; there is no more droit-droit. The government(s) own the land but you only have the right of possession. Even a trust cannot break that bond.
Hi Toby. If your property in in a revocable Living Trust, how do you put it in a Land Trust?
Do you Quit Claim deed it from Living Trust to Land Trust?
Or is this even necessary?
Then how do you prove ownership? 11:54
Great question, in order to assist you further, I highly recommend you request a free 45-minute consultation to discuss our proven asset protection and tax strategies and how they apply to your unique situation. Visit aba.link/d1bcb3
If you sell the property which has the land trust and trustee, where the proceeds from the sale of property should be deposited?
Instead of a trust can I put it in an irrevocable trust?
I recommend reaching out to my team find the best solution for your unique situation. Sign up here: aba.link/d1bcb3