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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 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?
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?
You 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:
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?
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.
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:
- PRIVACY …No one knows who the real owner is!
- The Legal and Equitable property interest is held in the trustee’s name (not you the beneficiary)
- Judgments do not attach to the property held in Land Trust
- No annual fees like other entities
- 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?
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.
The 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.
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
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| Louisiana | * |
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Land Trust Attorneys, Title Companies, Trust Law -
STATE-BY-STATE
Zoom Map Out | Choose your State here
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 Page 9 Page 12 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 |
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:
- Avoids property being probated (out of court transfer upon death of beneficiary)
- Ease of Transferability
- Judgments do not attach to the beneficiary
- No Partition (avoids spouse’s “forced share” sale buyout upon divorce)
- Easier management with multiple owners (multiple owner do not have to sign docs)
- No costs upon transferring beneficiary
- No registered agent needed
- Legal and Equitable property interest in trustee’s name (never be in the "chain of title")
- Income and Expense conduit, not a business with tax consequences
- Trustee has no personal liability
- No annual fees like other entities, if trustee is an individual or friend
- Estate planning benefits – automatic successor beneficiaries
- Less expense with Grantor creating the trust entity
- Avoids the due on sale clause
- Privacy of ownership helps avoid identity theft of your name
- Keep sales price private
- Able to fracture interests of multiple owners without being "partners"
- Ease of linkage to other asset protection entities
- Non-judicial repossessions of real estate sold on installment contract
- 1099 not required for transfers (personal property not subject to real estate regulations)
- Ease of operating across state lines
- Ability to insert poison pills
- Over 100 years of case law to validate land trusts and their administration
- Many attorneys do not study this section of the law – not profitable for them (yields a competitive advantage)
- No recordation of the Trust Agreement
- No tax return to file (pass through entity)
- To avoid “seasoning” problems (secondary market rules of ownership)
- To save title insurance premiums (Trustee-insured-remains the same)
- 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)
- To provide non-recourse financing
- Lowering of real estate taxes (prevents re-assessment)
- 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.
Land Trusts Made Simple "Basic" Home Study Course with Forms (Download version )
Download Now for $237
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" Home Study course with Forms (Download version )
Download Now $319
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.
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Download Version Retail $556 Combo $497Download Now (Save the most $$$) |
Digital Package (On CD/DVD's) Retail $694 Combo $594Buy Now (All on CD's or DVD's) |
Hard Copy with DVD Retail $894 Combo $794Buy Now (Course Book and DVD's) |
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