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