42 Advantages of Using a Revocable Land Trust

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Topics: Asset Protection

 

Advantages of Using a Revocable Illinois “Type” Land Trust

  1. Avoids property being probated (out of court transfer upon death of beneficiary)
  2. Ease of Transferability
  3. Judgments against the beneficiary do not attach to the property
  4. No Partition (avoids spouse’s “forced share” sale buyout upon divorce)
  5. Easier management with multiple owners (multiple owners do not have to sign docs)
  6. No costs upon transferring beneficiary
  7. No registered agent needed
  8. Legal and Equitable property interest in trustee’s name
  9. Income and Expense conduit, not a business with tax consequences
  10. No tax return to file (pass thru entity)
  11. Trustee has no personal liability
  12. No annual fees like other entities (if trustee is an individual or friend)
  13. Estate planning – successor beneficiaries
  14. Avoids state sales tax on transfers
  15. Avoids the due on sale clause
  16. Privacy of ownership
  17. Keep sales price private
  18. Able to fracture interests of multiple owners w/o being partners
  19. Ease of linkage to other asset protection entities
  20. Non-judicial repossessions of real estate sold on installment contract
  21. 1099 not required for transfers (personal property not subject to real estate regulations)
  22. Ease of operating across state lines
  23. Ability to insert poison pills
  24. Lots of case law to support land trust usage
  25. Many attorneys do not study this section of the law – not profitable for them
  26. No recordation of the Trust Agreement
  27. To avoid “seasoning” problems (secondary market rules of ownership)
  28. To save title insurance premiums (Trustee is the insured)
  29. Good negotiating technique in the sale/purchase of property
  30. To provide non-recourse financing
  31. Stabilizes real estate taxes (prevents re-assessment)
  32. Avoids state regulations that apply to corporations and LLC’s
  33. Using the Beneficial Shares as collateral for a loan (makes for quick borrowing)
  34. Protection from Title Claims (claims limited to the trust)
  35. Helps avoid Identity Theft of your name and signature
  36. Makes contracts “assignable”
  37. Protection from Homeowner’s Association Claims
  38. Helps keep the Title clear of defects
  39. Can use Beneficial Interest as Collateral
  40. Good structure for doing business with others without using your personal name
  41. Land Trusts and Corporations
  42. No Personal Credit Reporting

As you can see, Land Trusts are a wonderful tool for you to hide your assets, avoid real estate tax increases, privatize your sales transactions, avoid probate and use for many other benefits. You will spend a life time building your financial estate… spend a little time and money learning how to protect your net worth from the deadbeats and their contingency fee lawyers!

 

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