Using a trust to purchase a house

Using a trust to purchase a house

New York City, NY · Member since 2015 · 125 posts · 48 votes

As part of Medicaid planning, we recently created an irrevocable trust and placed my mother-in-law's two homes into it.  She lives with us, and she really has little to do with the homes; I do all the day to day management and landlording.

The two houses are rented, and generate a gross of $75k a year for the trust.

In the medium term future, I'd like to purchase another rental SFH or small MFH and have it placed in the trust as well. Most info I find online relates to using an LLC to purchase a home; I'm not finding a lot on using a trust.

My wife is the trustee of the trust, but she couldn't care less about real estate, so I'll be the only one looking for/analyzing potential deals, and then doing all the work to clean it up and get tenants in there.

I guess I'll ask my most basic question first: When purchasing the new rental house, can the trust itself directly purchase it, or would my wife and I need to buy it, then transfer it into the trust at some time after the closing?

Also, when applying for a mortgage, how is the maximum amount I'd be approved for determined?  As mentioned, the trust generates $75k in gross income, but then my wife and I have our own jobs and incomes as well.  Most of the homes I'm looking at are in the $300k-$400k area, so they're likely too high for just the trust's own income of $75k to swing.

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  • Investor · Springfield, MO · Member since 2012 · 320 posts · 115 votes
    9y

    The trust can purchase it as long as the trustee has the powers to do so as outlined in the trust.  There must be a trustee to sign the closing documents.  The mortgage is going to be slightly more difficult as most lenders would ask for a personal guarantee when lending to an entity.  As long as you or someone else has collateral (which may be the house you're intending on buying) and is willing to provide the guarantee then it's likely you can move forward doing this.  

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