Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 16%
$32.50 /mo
$390 billed annualy
MONTHLY
$39 /mo
billed monthly
7 day free trial. Cancel anytime
Legal & Legislation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 4 days ago on . Most recent reply

User Stats

63
Posts
71
Votes
Julius Vincent
#2 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Houston, TX
71
Votes |
63
Posts

Transferring Property to a Revocable Land Trust As Personal Liability Shield

Julius Vincent
#2 Tax, SDIRAs & Cost Segregation Contributor
  • Accountant
  • Houston, TX
Posted

I have a client who is on the verge of purchasing his first property, an out-of-town LTR. The property will be in his name, but he's wondering if transferring it to a revocable land trust, then having the trust lease out the property to his LLC would help him avoid personal liability (bank will not let him transfer directly to his LLC because of the due-on-sale clause).

I suspect this wouldn't preclude personal liability since the property wouldn't be held directly by an LLC but would love to get an attorney's brief thoughts.

business profile image
Horizon Wealth & Tax Advisors

Most Popular Reply

User Stats

19,162
Posts
16,765
Votes
Chris Seveney
  • Investor
  • Virginia
16,765
Votes |
19,162
Posts
Chris Seveney
  • Investor
  • Virginia
ModeratorReplied
Quote from @Julius Vincent:

I have a client who is on the verge of purchasing his first property, an out-of-town LTR. The property will be in his name, but he's wondering if transferring it to a revocable land trust, then having the trust lease out the property to his LLC would help him avoid personal liability (bank will not let him transfer directly to his LLC because of the due-on-sale clause).

I suspect this wouldn't preclude personal liability since the property wouldn't be held directly by an LLC but would love to get an attorney's brief thoughts.

OVERKILL. Ask your client what are they concerned about being sued for that would not be covered by insurance?

  • Chris Seveney
business profile image
7e investments
5.0 stars
1 Review

Loading replies...