1031 Exchanges
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback
Can TICs avoid probate, like DSTs?
One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.
Quote from @Kay March:
One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.
Do you mean Tenants in Common when you say TIC? If so, no, they do not avoid probate.
Quote from @Jason Taken:
Quote from @Kay March:
One advantage to DSTs is that they don't go through probate when the owner dies. The trustee distributes the owner's interest according to the owner's instructions, as I understand it. The owners of TICs receive deeds, though, and I'm wondering whether those can be "lady bird" deeds with a beneficiary, which would also eliminate probate.
Do you mean Tenants in Common when you say TIC? If so, no, they do not avoid probate.
Neither the DST, nor the TIC inherently avoid probate. Both structures are treated as investment real estate and subject to the same issues as a sole ownership rental property.