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Re: Title Holding Trust

Posted by Ward-CA- on August 29, 2001 at 10:32 PM

In Reply to: Title Holding Trust posted by Eric - CA on August 29, 2001 at 5:29 PM

: A couple of questions regarding the title holding trust:

: 1) Is this a living trust that has just been streamlined for title holding purposes?

: 2) Does it still make sense if I don't have an LLC as the trustee. Would seem to, but would lose the privacy and limited liability.

: 3) Does the trust have to have my name, or can it be any name? I was wondering because if I have 10 properties, are they all held in separate trusts with the same name? ie all of them titled exactly the same except for the date of creation? Eric Smith as Trustee of the Smith Family Living Trust dated August 28, 2001. Or can I put in fictious names such as using football teams, or bird names, or ....

: 4) Just to be clear, you have indicated that paperwork for the trust may not occur prior to the purchase and since the trust document is not recorded and is only between me, myself and I as grantor, trustee and beneficiary I can put any date on the creation document as I wish. Therefore I just need to know the name of the trust so that I can be the trustee of the X Trust.

: I am sorry that I cannot get to SD to attend one of your seminars, but I am pretty well stuck in No. Cal for quite a while. I have based my information on the legal publication by WestLaw on living trusts, etc., have read them thoroughly, and cannot find anything specifically on point regarding title holding trusts or land trusts in the literature

=•=•=•=•=•=•=•=•=•=•=•=

Eric,

1) The Illinois Land Trust, now more aptly termed the Title Holding Trust, was devised in Illinois in 1891 by Chicago Title Insurance Co. The Living Trust was championed by Norman Dacey in the 1960’s by his incredibly successful book, “How To Avoid Probate”.

2) You may use any person(s) or corporate entity to be your trustee. A corporate trustee that you’ve created might be easier to set up since lots of people don’t want to be your trustee out of fear of the unknown.

3) You can name your trust anything you want.

4) Go to www.chicago-trust.com for info on the title holding trust.



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