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Who Should be the Beneficiary of a Land Trust 

Clint Coons Esq. | Real Estate Asset Protection
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25 окт 2024

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Комментарии : 85   
@ClintCoons
@ClintCoons 9 месяцев назад
Claim Your FREE 45-minute Investment Strategy Session to receive business planning tips and asset protection. 👉 aba.link/crn
@LauraAnnCrawford
@LauraAnnCrawford 8 месяцев назад
I did this and they did not offer anything other an an llc for each property... and a holding llc. nothing strategic about that.
@lonetrader00
@lonetrader00 7 лет назад
Maybe you should have your senior advisors look at your videos. This is not how they advised me to set mine up.
@makiavelli6101
@makiavelli6101 2 месяца назад
Thanks for the breakdown on how to think about and do this.
@ClintCoons
@ClintCoons 2 месяца назад
You bet!
@kenziesphotography1344
@kenziesphotography1344 3 года назад
Simple and clear. Very helpful!!
@ajamusic7322
@ajamusic7322 5 лет назад
Where does anonymity come in? Isnt my name is on the public record as the beneficiary of the trust, even after I assign it to an LLC, which also has my name on public record as Beneficiary?
@ClintCoons
@ClintCoons 5 лет назад
The land trust is not a public record so you beneficial interest is not disclosed.
@eddingtonrental8861
@eddingtonrental8861 Год назад
So the trust with the beneficial interests assigned to an LLC does not protect the house per se. The house is in the land trust. Its revocable so if someone sues, they can take control of the land trust and get the house, but the LLC will prevent you from being personally liable. Is that correct?
@ClintCoons
@ClintCoons Год назад
Yes
@zacha9627
@zacha9627 7 лет назад
Hi, where is the video on tenants and land trusts that you mention?
@TheDanMan06
@TheDanMan06 Год назад
Was led here from the sub2 video. I believe you had the seller as the Trustee and the buyer (me) as the beneficiary. Is that correct?
@amp7816
@amp7816 6 лет назад
So this strategy explained by Clint protects against liabilities but does not serve as an anonymity protection. Where does the anonymity protection come in play?
@ClintCoons
@ClintCoons 6 лет назад
The anonymity comes in when you use a nominee trustee to hold title to the property.
@bigshaggy4454
@bigshaggy4454 2 года назад
Blacks law dictionary states for the word "property" that it is the right of ownership .
@ClintCoons
@ClintCoons 2 года назад
🤔
@SarahMayet
@SarahMayet Год назад
If your not really exchanging any money per say then why would it be a taxable event. Seems like it muddying and making it more difficult than it needs to be by making yourself the trust beneficiary at first and how would the state even know if you were the beneficiary of the trust or not.
@lisajpsnowpeak431
@lisajpsnowpeak431 Месяц назад
When the tax assessor sends you a 10k a year tax increase you’ll find out. It’s called a change of ownership. You can only lead a horse to water.
@christopher_vaken
@christopher_vaken 3 года назад
Thank you for producing these videos Clint very informative
@ClintCoons
@ClintCoons 3 года назад
Very welcome
@rriggs6547
@rriggs6547 3 года назад
Good info. But the marker was very hard to see/follow.
@ClintCoons
@ClintCoons 3 года назад
Sorry about that
@rriggs6547
@rriggs6547 3 года назад
@@ClintCoons I used Whiteboards for years as a teacher. Red doesn't carry well. Your more recent videos look much better.
@judahsamaria5250
@judahsamaria5250 2 года назад
Clint you're super!
@andylee9973
@andylee9973 8 месяцев назад
Hi Clint, I am buying a property without loan and my land trust will be the owner of the property. Can a title company transfer from the seller which is the 3rd party to my land trust straight? like this MR SELLER hereby GRANT(s) to JOHN, as Trustee of The ABC Trust, dated February 03, 2020
@demontreten
@demontreten Год назад
Do i follow this method for "subject to"?
@ClayJitsu
@ClayJitsu Год назад
we need to make a video game like factorio where each legal entity has to fit together in a certain way, like if you assign the wrong beneficiary to your trust you can visually see why it's wrong and have to redo the "machine"
@wenchunqu3191
@wenchunqu3191 3 года назад
Clint, great explanation on who should be the beneficiary, but could you clarify if my local LLC should be the initial trustee
@ClintCoons
@ClintCoons 3 года назад
No but you could use a WY LLC as the trustee.
@musictosoothe
@musictosoothe Год назад
If property is already in a revocable living trust, can the llc be made the beneficiary to provide asset protection?
@ClintCoons
@ClintCoons Год назад
No you would need to take the properties out of your living trust and place them in LLCs.
@bowwinkle5445
@bowwinkle5445 2 года назад
A Ga LLC owns 10 Ga rental properties with properties managed by a Ga property management company and the Ga LLC is owned by a WY holding company. Would there be any issue with the properties being transferred to a FL land trust?
@ClintCoons
@ClintCoons 2 года назад
No but the land trust does not provide asset protection outside of Florida. If you want protection you should set up separate LLCs for each property.
@bowwinkle5445
@bowwinkle5445 2 года назад
@@ClintCoons ok thanks
@sred5856
@sred5856 3 года назад
Very informative. At 3:56 you say the liability flows into the LLC when in fact the LLC is just a beneficiary. Why is that. Is that because indirectly the beneficiary (members) and the grantor are indeed the same person(s). Would the liability not exist if the beneficiary is a minor for example? Thx
@ClintCoons
@ClintCoons 3 года назад
The beneficiaries are liable for the obligations of the trust. With the exception of Florida, the liability will pass through the trust.
@sred5856
@sred5856 3 года назад
@@ClintCoons Got it! Thanks. I guess that is why Land Trusts dont offer protection. However for a standard Irrevocable Grantor Trust where the 3 parties are different, the liability will not pass through to beneficiary, and stays within the trust. Correct me if I am wrong. Thx
@ClintCoons
@ClintCoons 3 года назад
@@sred5856 Yes that is the general rule
@johngatsby1473
@johngatsby1473 2 года назад
Scenario: I own multiple rentals and 1 homesteaded home in Texas and I want to hide my assets and protect them from anyone who might be sue happy. Plan:. Set up a land trust, but is each property separate, set up the LLC and then assign my stuff over? Also, can the wife be the trustee on the land trust? We're married in California under the private marriage option so only a subpoena could show were married, we've never filed taxes together and she didn't take my last name.
@ClintCoons
@ClintCoons 2 года назад
In Texas with the homestead laws, it is a bit more complicated. If you would like a FREE 30-minute consultation, you can request one here - aba.link/30minSession
@Frankiep72
@Frankiep72 4 года назад
Great Video! Can the grantor assign his beneficial interest to an LLC, even if the manager and/or member of such LLC is not the grantor himself? Also, would the property's insurance company have any issues with this type of transfer, since the grantor does not have a beneficial interest and is not a member of the LLC? Thank you!
@ClintCoons
@ClintCoons 4 года назад
You can assign your interest to any entity. The member/manager of the entity does not have an impact on the assignment but you may have tax or transfer tax issues depending on your state. The insurer should have the trust as the named insured with the LLC as the additional insured.
@victorscarpulla2478
@victorscarpulla2478 2 года назад
Great Info
@ClintCoons
@ClintCoons 2 года назад
Glad it was helpful!
@ronaldjones1274
@ronaldjones1274 2 месяца назад
So I can be the Grantor and the beneficiary?
@ClintCoons
@ClintCoons 2 месяца назад
Yes
@LMays-cu2hp
@LMays-cu2hp 4 года назад
Thank you.
@sbk567
@sbk567 Год назад
Clint once again fantastic info! Question about the trustee resignation, if I wanted to appoint my llc as the trustee would I still need to resign upon the transfer into the LT? Also upon resignation would the llc or appointed trustee need to file a trustee deed at the county? Thanks!
@ClintCoons
@ClintCoons Год назад
Yes you would resign and you would record a trustee deed naming your LLC the trustee.
@Bey11ktb
@Bey11ktb 3 года назад
That sounds complicated though
@316bonnie1
@316bonnie1 7 лет назад
Thanks, very helpful
@alejandrorojerogonzalez193
@alejandrorojerogonzalez193 2 года назад
hi Clint great videos ,thanks I have. aquestion will a wyoming llc can be a trustee and beneficiarie of all my land trust will this be a good move ?
@ClintCoons
@ClintCoons 2 года назад
No because the land trusts do not offer asset protection so essentially you end up with one LLC holding all of your real estate in the event of a lawsuit.
@nojokeauto
@nojokeauto 4 года назад
so after my land trust agreement is stored into my filing cabinet at home where nobody can see it, with my name (grantor) as beneficiary before I assigned my beneficiary interest to my LLC. so the next day somebody slips and falls at my rental properties and then they sue the trust. so the judge then decides to pierce the land trust to find out who the beneficiary is.... does somebody show up at my front door and demands the land trust agreement that I hold in my filing cabinet at home? and then he found out it has my name on it before I assigned beneficial interest to my LLC? so why wouldn’t they just sue me personally then?
@ClintCoons
@ClintCoons 4 года назад
The Plaintiff will request through discovery a copy of the trust and discover the beneficiary, I.e., assignment of interest to the LLC. Could they name you - absolutely and this is why people should never represent themselves in a lawsuit.
@rangerstrade2268
@rangerstrade2268 2 года назад
Just wondering, Instead of yourself directly as beneficiary, can you add a personal property trust as the initial beneficiary? Or would you add yourself first and then assign interest to Personal Property trust?
@ClintCoons
@ClintCoons 2 года назад
You would be the initial member of your land trust. Frankly I don't see the benefit of a PPT when using a land trust. Just assign your land trust to an LLC for asset protection.
@courtneyreid4757
@courtneyreid4757 8 месяцев назад
I'd make Clint a trustee❤
@DannyBGoode1
@DannyBGoode1 3 года назад
Can the initial beneficiary be husband and wife as trustees of a living trust? Or do they have to be individuals?
@ClintCoons
@ClintCoons 3 года назад
Yes H&W are both trustee and beneficiaries.
@thematrix5115
@thematrix5115 2 года назад
I’m confused. Will I be the beneficiary of the trust or will the llc be the beneficiary of the trust?
@ClintCoons
@ClintCoons 2 года назад
The LLC is the ultimate beneficiary of a land trust.
@thematrix5115
@thematrix5115 2 года назад
@@ClintCoons thanks
@Tommy06289
@Tommy06289 4 года назад
so just to clarify, the Trustee is my LLC and Beneficiary is me (personal name)?
@ClintCoons
@ClintCoons 4 года назад
An LLC should be the beneficiary. The land trust does not offer asset protection so you will want the beneficiary interest held in a LLC.
@Tommy06289
@Tommy06289 4 года назад
@@ClintCoons them who signs the for the deed to be on title, WY LLC or my own LLC?
@ClintCoons
@ClintCoons 4 года назад
@@Tommy06289 The grantee does not sign the deed only the grantor. For example, if Bob is transferring property to Kevin as Trustee of the 124 Trust, on the deed the only person signing will be Bob.
@andylee9973
@andylee9973 Год назад
Hello, If I want to be Beneficiary of my Land Trust myself to control 100% everything by myself only and my wife and kids name listed in the land trust if something happens to me. I like to set it up so the kids and my wife become beneficiaries upon the death, and they don't get slammed with a tax bill. What position i can give them?
@ClintCoons
@ClintCoons Год назад
Set up a living trust (estate plan) and make your family members beneficiaries of your living trust then place the land trust into the living trust.
@andylee9973
@andylee9973 Год назад
What if I want them to be added to the land trust. Should I add them as a successor beneficiary or secondary Beneficiary? In his way I still 100% Percentage of Interest in the land trust?
@ClintCoons
@ClintCoons Год назад
​@@andylee9973 Yes you could draft it that way. I would recommend against it given that a living trust has more protections built in for your beneficiaries.
@andylee9973
@andylee9973 Год назад
Can me and wife and my kids be the beneficiary of my land trust?
@ClintCoons
@ClintCoons Год назад
Yes you can
@andylee9973
@andylee9973 Год назад
The Business Guy 1 day ago Can only me notarize the land trust without my wife notarizing, since she will be primary beneficiary and my kid's secondary beneficiary@@ClintCoons
@ClintCoons
@ClintCoons Год назад
@@andylee9973 Best to have all of the signatures notarized
@sonyaphillips4027
@sonyaphillips4027 3 года назад
Can U have a dog or cat and put it in your pets name as the beneficiary and still be a manager, member and receive benefits 😀🙏😇🤗😀
@ClintCoons
@ClintCoons 3 года назад
No but that is funny.
@isabelloveme1165
@isabelloveme1165 7 лет назад
Every lawyer I have been to say they. Cant help me . because it been a 11 year mom been done, but the only real document I have is Father deed of trust. And my cousin quiclamdeed is had a different. Land number is not the same as Father deed what can I do?
@WattsUpDev
@WattsUpDev 6 лет назад
isabel Loveme I’m assuming that English isn’t your first language (I mean no offense). I kindly advise you to find a translator who can descriptively write down your full situation, at which time you & the translator should visit a legal office to pursue further help. Hold onto that Deed Momma & don’t let anyone take it from you or convince you to sign anything you don’t fully understand. God bless.
@JohnAdams-mu7xd
@JohnAdams-mu7xd 2 года назад
So, do a business trust and avoid all this statutory nonsens?
@ClintCoons
@ClintCoons 2 года назад
Sometimes that is the correct approach.
@meezeeneezee7655
@meezeeneezee7655 2 года назад
I'm disgusted.
@ATLTee
@ATLTee 2 года назад
:)
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