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Re: LLC as trustee of all your trusts.

Posted by Ward-CA- on October 03, 2001 at 11:25 AM

In Reply to: Trustee of Title Holding Trust posted by Eric - CA on October 03, 2001 at 9:50 AM

: In the preamble to your course on title holding trusts (THT), you indicate that people are no longer using LLCs, etc. to hold title because of the $800 a year fees and are moving towards the THT as an alternate vehicle. So should I read this to mean that I should set up at least 1 LLC and use it as the trustee on all of my THTs? Or should I be using some other Company, LLC, etc. to be the trustee? I would like to go as cheap as possible but if it requires $800 a year then so be it.

: Further, I have drafted a title holding trust document currently indicating me as both the grantor and beneficiary. (I am married, but have typically done all of the real estate deals in my name since she had large outstanding school loans prior to our marriage that would bring our ratios up too high.) In order to avoid the merger doctrine, do I just need to myself as beneficiary and then indicate her as the beneficiary if I were to croak? Seems simple enough.

: Alternatively, would you review my trust doc for a fee?

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Eric,

Yes, I think using an LLC as a trustee of all of your title holding trusts is the way to go. Also don’t worry about the merger doctrine in this area of trust principals. It’s quite common for one person to be the trustor, trustee, and beneficiary of a trust, all at the same time.




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