Land Trusts and LLCs for Asset Protection

2 Replies

I recently listened to BP Podcast 109 regarding asset protection. I think it is brilliant and Scott makes a perfect argument for why you should be structuring your properties for anonymity as well as why an umbrella policy isn't the "cure all". I am still a little confused about some of the advanced structuring. Hopefully @Scott Smith can jump in here and save the day (or another who is intimately familiar with asset protection).

I tried to set up the structure flow on paper to wrap my head around what owns what and which thing's name is where. I think I have it, but I'd like to get a little clarity. Please see my poorly done image. I didn't expand the fix & flip area because I'm not in that industry at this point.

1. Is the LLC the Beneficiary in the land trust?

2. Am I the Trustee in the land trust?

3. I live in Colorado where we do not have Series LLC and I don't know anything about trusts. Can I still do this in Colorado? Or is it recommended to go out of state for this (I hear Texas is nice)?

Kind regards,

Bryan

I like the info graphic.  Solid work, @Bryan O. . After listening, that was the impression that I got as well, but wanted to hit the forums to confirm. Right now, I have an LLC that I buy my buy/hold properties in. In order to ensure that the LLC is not a disregarded entity, my lawyer created a trust where I am the trustee and my kids are the beneficiaries. The trust owns 5% of the LLC and I own 95%.

It seems like the idea is flipping my structure upside down... Does anyone else have a structure like mine?

I really want to understand this better too.  

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