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Re: Title-Holding Trust or Living Trust?

November 18, 2011 10:14AM
No, not among pros. Most pros use one entity (i.e., Corp or LLC) as holding entity and pay the State fees and extra bookkeeping. Otherwise, one entity is used as their trustee, and the bene another.

There are practical and legal reasons why you make think twice before vesting bene & trustee as same person or entity.

Presuming you have NOT taken Ward's THT's course, you ought to examine what reasons and benefits you expect from using the THT.

Privacy, yes. Protection? Not beyond the initial asset level search whereby a creditor is looking for your assets.

In any event, if a creditor, tenant, etc. has identified a specific asset, they will begin unraveling the layers.

A two party minimum LLC is a good start, first line of defense. The THT then becomes an unnecessary layer.

If you're really seeking protection, use a 3rd party trustee such as Ward offers and avoid the need to pay State fees and maintain corporate records. No one will see the bene info recorded unless you do something sloppy.

There's also the camp who just puts properties into their own individual names, get good insurance, and let's it all hang. That's not a bad plan either, however it's hard to tell a tenant you're only the manager or that you have to get your partner's agreement on something.

In the final analysis, I think our energy and efforts are best directed at finding profitable deals.

RicktheProbateGuy.com | Closeprobate.com
Subject Author Views Posted

Trustee AND Beneficiary, Ok?

Lady Jane 3771 November 17, 2011 07:23PM

Re: Trustee AND Beneficiary, Ok?

Kristine-CA 2612 November 17, 2011 07:56PM

Title-Holding Trust or Living Trust?

Lady Jane 2667 November 17, 2011 08:09PM

Re: Title-Holding Trust or Living Trust?

Rick Harmon 2645 November 18, 2011 10:14AM

Not Smart, but Legal?

Lady Jane 2480 November 18, 2011 07:46PM

Re: Not Smart, but Legal?

Kristine-CA 2394 November 18, 2011 09:57PM



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