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Updated 11 months ago on . Most recent reply presented by

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Jasmine C.
  • Real Estate Consultant
  • Reno NV
60
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240
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Nevada llc with land trust

Jasmine C.
  • Real Estate Consultant
  • Reno NV
Posted

hello. I spoke to a lawyer who says I need to move my passive investment homes to a Java fa llc and each home should go into a land trust. I have my homes in an llc in that state then my llc in my home state owns that my trust owns. He say since it’s a single member it has no protection. Is that true?

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Scott Smith
  • Attorney
  • Austin, TX
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Scott Smith
  • Attorney
  • Austin, TX
Replied

@Jasmine C.--

Short answer: It really depends on which state the LLC is formed in.

Long answer:
Here's one way it could be done and afford you excellent protection, even as a single member.

1. Form a Texas Series LLC. Why? It can hold as many properties as you want. There are no yearly fees. Texas is, as far as asset protection goes, on par with Delaware and Wyoming. Regardless of where you live, Texas allows the formation of this type of LLC by a single member.
2. Deed the property into a land trust OWNED BY the LLC.
This will provide anonymity, which is critical to protection simply because it is very difficult for someone to sue you without knowing exactly what you own. 

Together, this structure will protect you personally from lawsuits, as well as keeping your investment properties isolated should legal problems come up down the road. I don't know which states you are referring to originally in your question, but you do not need to be from or in Texas to form an LLC in Texas. Good luck!

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