Revocable Trust and LLC as beneficiary in Texas

[Ken McGrew]

I have been researching revocable trusts and came upon this interesting presentation that advocates use of a living trust in conjunction with an llc as the beneficiary:

http://andersonadvisors.com/wp-content/uploads/201...

Has anyone used such an approach and if so can they make suggestions of best practices and/or recommend an attorney who understands both estate protection and real estate investing in the Houston area?

In my situation I am unable to follow usual strategies for the following reasons. I have a couple of rentals and am expanding. I am able to get very favorable financing in my personal name but can't transfer to an LLC by lender rules. I can however transfer to a revocable trust. I will be managing the properties personally and will be doing some work myself that does not require license. Otherwise I will use bonded and insured contractors. I am most interssted in protecting personal assets and if possible isolating any judgement against one property from the others as well. I will ofcourse want to have appropriate insurance and umbrella. So many questions come to mind such as whether each property should be in its own trust and whether the beneficiary of each property should be its own series in an LLC.

Thanks,

Ken

[James Miller]

It's usually better to have a trust own the LLC, and have the LLC operate. Not have the trust operate and have the LLC as a beneficiary. (Trusts typically have no liability protection). And, trustees are usually liable. An LLC can't be the trustee unless it has trust powers (most LLCs don't).