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Updated about 5 years ago, 09/21/2019
Proper Configuration for Series LLC with Land Trust
BP Nation,
I'm looking for some help on how to properly configure a Series LLC for asset protection with Land Trusts for anonymity. My understanding is that this is the best modern method for holding a portfolio of investment properties. You get great protection, only have to pay to manage/file taxes for one LLC, etc. This topic is touched upon in other BP forum posts, but the logic seems to often go in circles, so I'd like to see if we can get a clean rundown of the process.
I live in California and currently own a rental SFH in New Mexico. I am actively working to add additional properties.
My summary understanding of the Series LLC / Land Trust process is:
- Buy property in your name in order to get the best loan terms
- Create a Series LLC
- Create a Land Trust for each individual property. Deed property from your name to that Trust. Assign a "child" of the parent Series LLC as the beneficiary of that Trust. (Not sure if you would then list the Trust as the member of the LLC?)
- Repeat for each property you add to your portfolio
My questions are the following:
- Is this process correct? Trying to clarify top-level and property-level ownership structure
- What is the most cost effective way to create and file the Trust and LLC docs? Is this something relatively straightforward which can be done through Rocketlawyer, etc.?
- What is the best way to handle assignment of a Trustee for the Trust, and a Registered Agent for the LLC? I'm looking for advice in terms of cost effectiveness as well as preservation of anonymity
- Living in California, with out of state rental properties, which state would it make sense to file the Series LLC and Trust in? Can I file the parent Series LLC in Delaware, then file the individual Trusts/child LLC's in their respective states?
This article shows a few diagrams which help to clarify the process. https://royallegalsolutions.com/series-llc-structure-anonymous-trusts
However I'm still a little stuck on how to sequence this process as well as where and how to file. I know this is a confusing issue many RE investors have been running in to lately, so hopefully we can clarify together on this forum.
Thank you all very much in advance for the assistance!