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Do you Need a Land Trust?

Do You Really Need a Land Trust?

What is a land trust? Why do I need to use a land trust? Both are very important questions. Let us be straight forward with this information. You are working very hard to accumulate property for investment. You put yourself, your family, and your children’s future at risk investing in real estate.


Do I really need a Land Trust? LIVE ANSWER

 
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Do you realize that one false move with just one of your properties can cause you to lose all of your hard earned investments? One careless tenant can be injured on your property and the world will fall all around you. Ask yourself the following question “Can you control what is happening at all of your properties right now – this minute?” Is it possible a careless tenant can be injured or die tonight in your rental property? This happens every day in America.

You need a Land Trust for each property. You need the knowledge that your attorney does not have on this asset preserving technique. Why work so hard over time to have one uncontrollable tenant cause you to lose all of your properties? Come on! You have worked very hard to build your asset portfolio. Why lose it now?

Land Trusts are the first line of defense to insulate yourself from the millions of lawsuits happening every year.  Do you want protection from the contingency fee lawyer or would you rather have a bare knuckle fight with him without any defenses in place?


Hard to Find Land TrustsYou have probably noticed that it is VERY difficult to find any information about Land Trusts and how they operate. That is why people from all over the United States come to our website to find accurate information about Land Trusts. Most attorneys do not know how to set up and administer a Land Trust (they receive only three hours…if any of trust education in law school).


The problem is that most practitioners do not know how to creatively set up a Land Trust so many of them consequently advise people not to use them. However, you were probably told by someone (an attorney, accountant or friend) that you need a Land Trust, but nobody told you how or where to find information to help you get started. The point is, do not trust someone (that gives you advice) who does not have direct active knowledge of Land Trusts and their benefits (please go to Free Downloads for a list of 32 reasons to use a Land Trust).

We have been using Land Trusts in our full time real estate investment business for almost 30 years. We live and invest in Illinois (the Granddaddy state of Land Trust law) and use Land Trusts in our business constantly. We have found that often times advisors tell their clients, “You can not do that” with a Land Trust. Most of the time they are wrong!

If you are looking for accurate Land Trust information, you have come to the right place. This website is full of Land Trust and real estate investment advice from two brothers who have been “doing it” for over 38 years. Please spend some time on our website reading about the benefits of Land Trusts and all that they can do for you…you will be glad you did.

Are you a TARGET for a lawsuit?

Take this simple test:

Are YOU a Target?

1. Are you in business?
2. Do you have employees?
3. Do you have a teen aged driver?
4. Do you own property?
5. Do you manage property?
6. Do you drive a car?
7. Do you have assets that others are envious of?
8. Are you considered a professional?
9. Do you have a steady income?

If you answered YES to any of the above questions, you are a TARGET of our legal system. The middle class is under attack by the contingency  fee  lawyers and their clients that want something for nothing. Our legal system is out of control and you should be proactive in protecting your assets. You spend a life time acquiring assets for your family's financial security...shouldn't you spend a little time learning how to protect those assets?

Are Land Trusts more for Privacy or Asset Protection? LIVE ANSWER


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Some legal advisors will tell you that you do not need to use a Land Trust. They tell you to use an LLC instead to hold title to your real estate. This is not necessarily bad advice, it is just not great advice. If you are interested in setting up the BEST structure to protect your real estate assets you will start with a Land Trust first. The benefits are many (see below).

Let's face it, no one will protect your assets like you will. No one else (not even your attorney) will take the time to research and create the best structure for protection of your assets. Therefore, you are on your own and we are here to help you! We have been studying Land Trusts (corporations, LLCs and other types of trusts) for over 30 years. We use all of these entities in our daily investing lives. We are full time real estate investors.

Why should you learn how to set up and administer your own Land Trusts? What are the benefits? We have discovered 32 reasons to use a Land Trust. Here are five:
  1. PRIVACY …No one knows who the real owner is!
  2. The Legal and Equitable property interest is held in the trustee’s name (not you the beneficiary)
  3. Judgments do not attach to the property held in Land Trust
  4. No annual fees like other entities
  5. Ease of operating across state lines
These are just 5 out of 32 reasons that you should learn how to use a Land Trust. The other 27 reasons are listed below.
"I have studied both the Land Trusts Made Simple - "Basic" and the Land Trusts Made Simple-"Advanced" home study courses and find them accurate, innovative and thought provoking. This is the kind information that is hard to find and the Hughes Brothers have made it not only accessible but easy to understand and apply. I highly recommend these courses."
               
                                                    -Richard Kirby, Illinois Attorney at Law

So, what is a Land Trust?

What is a Land Trust?A trust is nothing more than a piece of paper. With a legal document (known as a TRUST AGREEMENT) you transfer the legal and equitable title ownership of property to a TRUSTEE. A trustee can be an individual, business associate or institution (i.e. a bank, title company or lawyer). The trustee technically "owns" the property and is shown as the owner of record at the county court house. This concept keeps you out of the court house records and helps prevent identity theft of your personal name.

Land Trust BeneficaryThe trustee cannot do anything with the property unless directed to do so by the BENEFICIARY. The beneficiary of the trust agreement is usually the person who put the property into trust to begin with (but does not have to be). The identity of the beneficial owner is held privately, protected from the public eye in the Trust Agreement which is not of public record. The beneficiary retains the right to full management and control of the property. The trustee executes deeds, mortgages or otherwise deals with the property only at the written direction of the beneficiary.
"After their first one day seminar, I learned more than I ever knew in all my time working with trusts. They go much deeper than just how a land trust works. They give so many practical applications in which land trusts are an incredible option."

-Marty Couch
Title Specialist

The beneficiary collects rents (if the trust holds title to rental property), improves and operates the property and exercises all rights of ownership other than holding or dealing with the legal title. When the beneficiary dies, the trust does not cease (or die with him/her/it). The trust continues on for the benefit of the SUCCESSOR BENEFICIARY.

As a result of this almost continuous life a Land Trust by-passes probate upon the beneficiary's death. Thus, giving privacy to the transfer of assets after death. Land Trusts can hold real estate, notes, options, mortgages, or leases.

Land Trusts are primarily privacy tools. They are designed to prevent the public from knowing who the owner of a property is. However, when a Land Trust is combined with other entities (i.e. personal property trusts, corporations, and limited liability companies) they can have dynamite asset protection results. Learning how to structure a Land Trust properly is critical to protecting your real estate equities.

Do not wait any longer to learn all you can about the Illinois Type Land Trust. Our Land Trusts Made Simple "Basic" Home Study Course is 76 pages of state of the art Land Trust knowledge. Please note: YOU DO NOT HAVE TO LIVE IN ILLINOIS TO USE A LAND TRUST IN YOUR STATE.

Can I use a Land Trust in my state? LIVE ANSWER


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ILLINOIS "TYPE" LAND TRUSTS ARE VALID IN THE FOLLOWING STATES

Alabama Land Trusts Are valid                              Montana Land Trusts Are valid
Alaska Land Trusts Are valid   Nebraska Land Trusts Are valid
Arizona Land Trusts Are valid   Nevada Land Trusts Are valid
Arkansas Land Trusts Are valid   New Hampshire Land Trusts Are valid
California Land Trusts Are valid   New Jersey Land Trusts Are valid
Colorado Land Trusts Are valid   New Mexico Land Trusts Are valid
Connecticut Land Trusts Are valid   New York Land Trusts Are valid
Delaware Land Trusts Are valid   North Carolina Land Trusts Are valid
Florida Land Trusts Are valid   North Dakota Land Trusts Are valid
Georgia Land Trusts Are valid   Ohio Land Trusts Are valid
Hawaii Land Trusts Are valid   Oklahoma Land Trusts Are valid
Idaho Land Trusts Are valid   Oregon Land Trusts Are valid
Illinois Land Trusts Are valid   Pennsylvania Land Trusts Are valid
Indiana Land Trusts Are valid   Rhode Island Land Trusts Are valid
Iowa Land Trusts Are valid   South Carolina Land Trusts Are valid
Kansas Land Trusts Are valid   South Dakota Land Trusts Are valid
Kentucky Land Trusts Are valid   Tennessee Land Trusts Are valid
Louisiana Land Trusts Are valid*   Texas Land Trusts Are valid
Maine Land Trusts Are valid   Utah Land Trusts Are valid
Maryland Land Trusts Are valid   Vermont Land Trusts Are valid
Massachusetts Land Trusts Are valid   Virginia Land Trusts Are valid
Michigan Land Trusts Are valid   Washington Land Trusts Are valid
Minnesota Land Trusts Are valid   West Virginia Land Trusts Are valid
Mississippi Land Trusts Are valid   Wisconsin Land Trusts Are valid
Missouri Land Trusts Are valid   Wyoming Land Trusts Are valid
*Louisiana state law is different than all other states. While you can still set up a Land Trust in Louisiana, you will need local knowledgeable counsel in addition to our Home Study courses.

Land Trust Attorneys, Title Companies, Trust Law -

STATE-BY-STATE

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Land Trusts Made Simple "Basic" Home Study Course Outline

(This is your step-by-step guide to learning what you need to know about Land Trusts for privacy and asset protection)
Page 4            
Page 7
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Page 17
Page 22
Page 29
Page 32
Page 34
Page 35
Page 39 
Page 46
Page 57
Page 59
Page 65
Page 73
Page 74
Page 76
Introduction
What is a Land Trust?
History of Land Trusts
Why Use an Illinois “Type” Land Trust?
The Players
The Mechanics of Land Trusts
When Buying Property
Where the Real Power Lies
When Selling Property
Who Should Be Your Trustee?
Benefits of Using Land Trust
Insuring Land Trusts
Insurance Worksheet
Naming Your Trust
Sample Land Trust Agreement
References
Conclusion
Bibliography
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Part of our extensively researched National Land Trust Course is an all inclusive appendix. All the forms that you will need to produce and administer your own Land Trusts are included (you can also get these forms from us on a forms disc). The following is an outline of our National home study appendix:

Appendix Outline

Page 1
Page 7
Page 13
Page 14
Page 15
Page 16
Page 18
Page 19
Page 20
Page 23
Page 24
Page 25
Page 26
Page 27
Page 31
JUST ADDED>>
 Illinois "Type" Land Trust Agreement
   Deed to Trustee
Trust Tracker
Direction to Trustee
Direction to Execute Documents
Trustee’s Deed
Appointment of Trustee
Exculpatory Language
Facsimile Assignment of Beneficial Interest
Assignment and Transfer of Beneficial Interest
Trustee’s Acknowledgment
Termination & Appointment of Land Trustee
Appointment of Director
Beneficiary Agreement
Amendment to Trust
Certification of Trust

Want to Learn More About Land Trusts?

Read on Pilgrim!

The most interesting part of a Land Trust is the fact that when you put real property into a Land Trust it is instantly converted it into PERSONAL PROPERTY! Why is this important? We explain in detail in our Home Study Course the advantages of owning personal property instead of real property (Hint: it has to do with asset protection). Even though the beneficiary retains complete management and control over the property itself, he or she is not burdened with the legal characteristics of real property. Since the beneficial interest is considered to be personal property, it is treated in much the same manner as a car, a savings account, or other tangible property. Consequently, the beneficial interest can be sold, pledged, or assigned in a quick and easy way (unlike real property).

"The Land Trusts Made Simple-"Basic" seminar was the best seminar I have ever taken and was better than any class I had in law school."

Orlando Velzaquez, Attorney at Law
Chicago, IL
  

Who should I use as my Trustee? LIVE ANSWER


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History of the Land Trust

There are numerous types of “trusts” that have been used in our country over the last 200 years. In fact, LAND TRUSTS and the law behind them followed the settlers over from England. Almost 500 years ago in medieval England, land trusts were used by the common man, “serfs”, to protect their property rights from those who were in power at the time. Trusts served not only to protect assets, but also to avoid taxes and laws of descent. Even though King Henry VIII tried to bypass the use of trusts (to prevent serfs from holding title to property in “trust” and avoiding the responsibilities of land ownership), the medieval courts of England (and most courts since) have upheld the use of land trusts and the rights of their beneficiaries.

We Promised to Give You All the Reasons to Use Land Trust…and Here They Are:

  1. Avoids property being probated (out of court transfer upon death of beneficiary)
  2. Ease of Transferability
  3. Judgments do not attach to the beneficiary
  4. No Partition (avoids spouse’s “forced share” sale buyout upon divorce)
  5. Easier management with multiple owners (multiple owner do not have to sign docs)
  6. No costs upon transferring beneficiary
  7. No registered agent needed
  8. Legal and Equitable property interest in trustee’s name (never be in the "chain of title")
  9. Income and Expense conduit, not a business with tax consequences
  10. Trustee has no personal liability
  11. No annual fees like other entities, if trustee is an individual or friend
  12. Estate planning benefits – automatic successor beneficiaries
  13. Less expense with Grantor creating the trust entity
  14. Avoids the due on sale clause 
  15. Privacy of ownership helps avoid identity theft of your name
  16. Keep sales price private
  17. Able to fracture interests of multiple owners without being "partners"
  18. Ease of linkage to other asset protection entities
  19. Non-judicial repossessions of real estate sold on installment contract
  20. 1099 not required for transfers (personal property not subject to real estate regulations)
  21. Ease of operating across state lines 
  22. Ability to insert poison pills
  23. Over 100 years of case law to validate land trusts and their administration
  24. Many attorneys do not study this section of the law – not profitable for them (yields a competitive advantage) 
  25. No recordation of the Trust Agreement
  26. No tax return to file (pass through entity)
  27. To avoid “seasoning” problems (secondary market rules of ownership)
  28. To save title insurance premiums (Trustee-insured-remains the same)
  29. Good negotiating technique in the sale or purchase of property (Disney World used land trusts to acquire its property prior to construction...to avoid price escalation)
  30. To provide non-recourse financing 
  31. Lowering of real estate taxes (prevents re-assessment)
  32. Avoids state regulations that apply to corporations and LLCs
Now you can see how valuable it is to learn how to use Land Trusts? We have written our Land Trusts Made Simple "Basic" Home Study Course so you can easily understand the Land Trust concepts (not a lot of legalese). When you are done reading our Nationally acclaimed Home Study Course you will know more about Land Trusts than 90 % of the lawyers in the United States. Imagine what a competitive advantage this will give you? Do not wait any longer. Buy this unique and life changing information NOW. Please note: YOU DO NOT HAVE TO LIVE IN ILLINOIS TO USE AN ILLINOIS "TYPE" LAND TRUST IN YOUR STATE.
 

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Land Trusts Made Simple "Basic" Home Study Course with Forms (Download version )

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Now, for those of you who want learn even more about Land Trusts you will want to consider our Land Trusts Made Simple - "Advanced" Home Study Course (in addition to our Basic course). How is this different than our Basic course? If you combine these two courses together you will know everything you will ever need to know about Land Trusts and how to use them as Asset Protection devices and Privacy tools (and more than 99% of what the attorneys know about Land Trusts). We go into more depth in setting up asset protection structures and give you even more poison pill paragraphs for your Land Trusts (plus MUCH more).
"Randy & Jim, your Land Trust Made Simple- "Basic" and "Advance" Courses were the bomb. I not only understand the concepts of a land trust better, I am able to implement them in my day to day real estate business. Not only do you sell a wonderful product you also stand behind your product with live advice for the small things I may have missed. I can't wait until you come out with future editions."
-James Hunter. Jersey City, New Jersey

Do I need to file a separate tax return for each Land Trust? LIVE ANSWER


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land trusts made simple advanced downloadLand Trusts Made Simple "Advanced" Home Study course with Forms (Download version ) 

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For those of you who want to learn it all in one discounted purchase we suggest our killer deal combo package. This product combines our Land Trusts Made Simple "Basic" and Land Trusts Made Simple "Advanced" courses into one easy to learn home study course.

Our "Basic" course is great and our "Advanced" course is even better. In the advanced course we explain in even more detail specific asset protection clauses to put in your trust agreements. We also provide a sample Virginia Land Trust and a sample Personal Property Trust. Then we diagram for you different asset protection structuring to help you put "teeth" in your Land Trust agreements.

These Land Trust techniques are well researched and personally practiced by the authors. If you want to get the complete package including both basic and advanced Land Trusts Made Simple courses for a discount, choose a media type below.


Download Version

Retail $556 Combo $497
Download Now
(Save the most $$$)

Digital Package (On CD/DVD's)

Retail $694 Combo $594
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(All on CD's or DVD's)

Hard Copy with DVD

Retail $894 Combo $794
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(Course Book and DVD's)

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