LLC owning personal house? Is it legal?

LLC owning personal house? Is it legal?

Member since 2019 · 2 posts · 0 votes

My father left his inheritance to me and another family member in 2 trusts (in our names). I am a trustee for both trusts. 

The trusts are 50/50 members in several LLCs for the purpose of buying and investing in real estate property. I am the manager of the LLCs.

I'm trying to figure the best way to use money from one of the LLCs to purchase a house for myself. I plan on living in this house for a couple years then turning it into rental property. 

Should I purchase the house using llc money and deed the house to the llc? 

If not, what is allowed or what makes the most sense from a tax standpoint? 

I don't want to take a mortgage out when there is money available to purchase the house. I also have a sizable umbrella policy if liability concerns come up

Thank you. 

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  • Accountant · Atlanta, GA · Member since 2015 · 1k+ posts · 1k+ votes
    7y

    @Jason Atha

    I would consult an attorney.  It sounds like you have fiduciary duties to both the trusts and the LLCs.  Using money from the LLCs/trusts to purchase a home for yourself may be a no no, even if you are a beneficiary of one of the trusts.

  • Member since 2019 · 2 posts · 0 votes
    7y

    What type of attorney? Estate? Tax? Real estate? Thank you! @Eamonn McElroy

  • Lance LvovskyPro Member
    Accountant · Fort Lauderdale, FL · Member since 2013 · 1k+ posts · 753 votes
    7y

    @Jason Atha

    You need to understand what the Trust agreement says. An estate attorney may help or a good CPA that understands Trusts could be a good option too. If the trust agreement isn’t followed, you as a fiduciary can have issues.

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