Land Trusts and their role in an overall Asset Protection Plan?

2 Replies

So, I've seen a lot of info on the drawbacks of using a S-Corp to hold your properties. LLCs seem to be the more recommended entity to use. But, it seems by themselves they too can have gaps in an overall Asset strategy. I've started seeing some recommendations around using Land Trusts as a way to acquire your properties and then use no more than 2 LLCs to complete the Asset strategy picture here. It appears one LLC holds controls/owns the various Land Trusts you have for each property and the other is an LLC setup as a Partnership and it files like an S-Corp with pass-through to you personal return. Does anybody know anything about this or can add to the way this works? Do you use this kind of strategy or similar? How do you structure yours?

If you go listen to the podcast with Scott smith (I think) about asset protection he goes over what I think is the best strategy.

Basically you put your property in a trust (won’t trigger due on sale clause for residential financing) and make the beneficiary of the trust a LLC, which you own.

That’s the basics anyways. No legal advice given

Thanks Caleb. I listened to it as well. That's what further made me start to think about using Trusts with LLCs as part of a complete structure. Was hoping to get to more details on this and how it works and how to do it. Anyone know some really good IL Asset Protection Lawyers and CPAs that live and breathe Real Estate?

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