Investment property set up

San Francisco, California
Tax, SDIRAs & Cost Segregation
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Investment property set up

Namit Raisurana
Investor · San Carlos, CA · Member since 2017 · 37 posts · 17 votes

I have few properties in CA and I would like to set up a structure which provides me anonymity and reduced liability.

I have set up a WY LLC and various real estate land trust where each trust will hold title to the individual real esate and the LLC will be beneficiary for all these trusts. Since the properties are based in CA I will have to register the WY LLC in CA which will expose my ownership and thus I will have a member manager trust that will be the owner of the LLC.

My question is who should I make the trustee of the land trusts? If I make myself the trustee than I am losing the benefit of anonymity or am i? Or should I make my attorney the trustee and then have a resignation deed making me the successor?

Looking for suggestions from people who have done this kind of stuff before

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Katie Balatbat
CPA and Attorney · San Diego, attorney · Member since 2022 · 301 posts · 219 votes
2y

@Namit Raisurana

Depends on your preferences and situation of course, but seems as though you've set up a fairly complex structure with somewhat pricey ongoing maintenance costs.  It's very hard to remain anonymous in CA, and while a great goal, often comes at the cost of a very cumbersome structure to maintain, explain, and pay for in the meantime.  The Trustee of the trust is typically listed on title to real property, so while that may provide you some anonymity, you have to ask if you really want to track down that person to sign documents related to your real property?  It's putting a lot of faith and trust in a person that you may not know very well, and who you're not in regular contact with as to their life situation.

*This post does not create an attorney-client or CPA-client relationship.  The information contained in this post is not to be relied upon.  Readers are advised to seek professional advice.

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  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    2y
    Quote from @Namit Raisurana:

    Most people use a registered agent. The registered agent is the one listed on all filings, thereby protecting your anonymity.

    Question: why do you need to be anonymous? You should be just fine with the properties in your personal name and an umbrella insurance policy. Cheaper and easier. The odds of you ever being sued for more than your basic insurance will cover is about the same as being struck by lightning.

    The DIY Landlord Book4.7248 Reviews
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  • Katie Balatbat
    CPA and Attorney · San Diego, attorney · Member since 2022 · 301 posts · 219 votes
    2y

    @Namit Raisurana

    Depends on your preferences and situation of course, but seems as though you've set up a fairly complex structure with somewhat pricey ongoing maintenance costs.  It's very hard to remain anonymous in CA, and while a great goal, often comes at the cost of a very cumbersome structure to maintain, explain, and pay for in the meantime.  The Trustee of the trust is typically listed on title to real property, so while that may provide you some anonymity, you have to ask if you really want to track down that person to sign documents related to your real property?  It's putting a lot of faith and trust in a person that you may not know very well, and who you're not in regular contact with as to their life situation.

    *This post does not create an attorney-client or CPA-client relationship.  The information contained in this post is not to be relied upon.  Readers are advised to seek professional advice.

    1Reply
  • Namit Raisurana
    OP
    Investor · San Carlos, CA · Member since 2017 · 37 posts · 17 votes
    2y

    Yes, i understand this is quite complicated. But even if I dont care about anonymity, I still need the real estates to be in their own LLC to limit liability outside the property. So instead of opening individual LLC for each property, this approach of having an LLC and land trust for each property also helps with paying the CA franchisee board fees only for one llc. Hope that makes sense

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  • Namit Raisurana
    OP
    Investor · San Carlos, CA · Member since 2017 · 37 posts · 17 votes
    2y

    my key question was around trustee for these land trusts. i can work with the specific legal company to have their trustee initially, and then have a resignation deed which designates me the successor. should i do all this or just have myself as the trustee from the start itself? but then if i am the trustee, my name will show up

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  • Sean O'KeefePro Member
    CPA | Accepting new clients | 50 States · Member since 2022 · 1k+ posts · 871 votes
    2y
    Quote from @Namit Raisurana:

    Yes, i understand this is quite complicated. But even if I dont care about anonymity, I still need the real estates to be in their own LLC to limit liability outside the property. So instead of opening individual LLC for each property, this approach of having an LLC and land trust for each property also helps with paying the CA franchisee board fees only for one llc. Hope that makes sense

    Yes, if you have an LLC and land trust (instead of LLC) for each property it does help with paying the CA franchisee board fees.
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    *This post does not create a CPA-client relationship. The information contained in this post is not to be relied upon. Readers are advised to seek professional advice 

    [email protected]628-241-0888
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