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Controlling your trust's trustee

Posted by Ward-CA- on April 25, 2008 at 7:40 AM

In Reply to: tht trustee posted by hard money lender on April 24, 2008 at 8:52 PM

HML,

Most people are familiar with the Living Trust and the fact that the trustor, trustee and beneficiary of a living trust are all the same person...the creator of the trust. So there's no rule as to whom, or what entity can play those roles.

In years past I was my own trustee until I wised up to the fact that the public always surmised I must also be the beneficiary. So to avoid that connection I began using my son Eric or fellow business friends. But when we had an occasional goofy lawsuit and Eric was dragged into that nonsense I decided to use the shield of an LLC for that position. And that's what I continue to use to this day.

So I created an LLC to be the trustee for my deals and for-hire, for others who aspire for anonymity of property ownership.

I, and my trust class grads, use a set of nifty "trip wires" to protect against rogue trustees...so we haven't surrendered any "control" whatsover by not acting as our own trustee.


-------Ward


==============


: my use of tht's is mainly to keep the name of my main trust out of the record books. my beneficiary of the tht is a pass-thru trust, so there is nothing sacred about my tht, should i be forced to show it in court.

: i realize that it would be better, from a privacy standpoint, to have the trustee of the tht someone other than myself. however, i just dont want to give up that sort of control, plus i dont have much intention of holding onto real estate for great lengths of time.

: i would be interested in how the rest of you who use them, decide how to appoint your trustee.

: and ward, my psychological profile of you cant quite imagine you giving anyone else the job of trusteeship of your assets, no matter what - lol. i am curious, if you would like to answer, who you have as a trustee. i think you may have mentioned before that you have your own llc as a trustee. if this is true, and then if you are the real trustee, doesnt that fall basically back into the discussion that jerry and i were having - about a neutral party trustee ?



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