How to Structure Multi Generational Property - California

How to Structure Multi Generational Property - California

Rental Property Investor · San Diego, CA · Member since 2017 · 27 posts · 13 votes

Hello BP!

Looking for some advice on structuring property holdings.

Background: my grandparents bought several properties throughout California. When they passed it went to my mom and her 4 siblings. There's two MFH that are tenants in common and one SFH that's in a partnership. My mom and her siblings were never interested in growing it but I've always loved real estate and want to grow it to an empire to support my family for generations to come. I offered to take the lead and everyone seems open to it.

Problem: how to legally structure the properties? There are 12 cousins in the next generation which is a lot of owners. I'd want to operate a mini REIT. My goals:

-Pass property down without reevaluating property taxes

-allow members to be bought out without triggering property tax re-evaluation 

- provide liability protection for all owners 

-being able to take loans out against the property and buy more property 

-make regular payments to owners if they want it.

Solutions: from my research, we have to keep passing it from parent to child using trusts to keep the property tax basis. If anyone eventually wants to be bought out, we'll have to change the title and reassess property taxes. I see this being inevitable when one person wants out. If we have to change the title, we get a fresh start to move it into another ownership entity. Would the best choice be move them into corps? You can exchange shares in the Corp without reassessing the property taxes? I understand a Corp brings a lot more complexity and taxes but it Seemed like LLC interest can't be passed generation to generation.

i know people are already doing this and this isn’t anything new. There must be a right answer! Thanks in advance for any input. I love learning about this stuff! 

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  • Contractor · Nashville, TN · Member since 2014 · 1k+ posts · 1k+ votes
    6y

    Buying real estate for 12 people/owners is a nightmare. Assuming we are talking $1M+ of equity here, I'd go one of two routes if it were me:

    1. Buy the real estate from all the heirs. Set up an owner financed situation so they each get payments as you manage the real estate and pay it down.
    2. As you said, make it a reit. They will be limited partners and you will be the general partner. You have decision making power, they get annual checks with their profit percent.
  • Rental Property Investor · San Diego, CA · Member since 2017 · 27 posts · 13 votes
    6y
    Originally posted by @Allan Smith:

    Buying real estate for 12 people/owners is a nightmare. Assuming we are talking $1M+ of equity here, I'd go one of two routes if it were me:

    1. Buy the real estate from all the heirs. Set up an owner financed situation so they each get payments as you manage the real estate and pay it down.
    2. As you said, make it a reit. They will be limited partners and you will be the general partner. You have decision making power, they get annual checks with their profit percent.

    Making it a REIT would mean owning it in a corporation? You described a limited partnership.

    Which of these would allow shares to be passed down generations or transferred between current owners without reassessing the property tax? 

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