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Updated about 7 years ago,
protecting what's held in an llc
All you hear and read about llc's is that they protect your personal assets if your llc gets sued and things go above your insurance limits. So the slip and fall plaintiff can't get to your house, personal assets, etc. Phew.
But the overlooked caveat here is that the property held in the llc is up for grabs. The llc doesn't protect the property it holds. It just shields the llc member. So basically, if someone sues "the company" the owners are protected, but companies assets aren't . Oh great.
And further, if the owner is sued for something that happens in their personal world, like a car accident, I believe the owners share of the llc that holds the property is up for grabs. ie 100% If you're a single member llc. Oh great again.
So I'm feeling like all this talk about "never own a building in your own name, use an llc, protect your personal assets" is kind of silly. Because the REAL "asset protection" needed is protection of the properties themselves. Because if you are at the level where most or all of your income comes from rental properties, THAT is what you want to protect. Who cares about your house, your car, whatever.........because chances are MOST of your personal wealth and income is in the rental real estate you have held in those llc's.
And and if you're a decent landlord, and have well maintained properties....odds are you are much more likely to get sued for a personal car accident vs something at one of your properties.
LLC's only protect from a lawsuit coming from one direction, and it's kind of a slim chance direction.
So if i'm understanding things right....
1) llc gets sued - member's personal property is protected, rental property is NOT protected.
2) llc member gets sued - personal property NOT protected, rental property NOT protected
So how can one protect their income producing rental property from being up for grabs in the event of a personal lawsuit that goes beyond their personal umbrella policy??