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Updated 8 months ago,
Nuances around Estate Planning with Asset Protection
Hi BP Community,
I have a rental property which is currently under my name. I want to transfer it to an LLC for asset protection reasons. At the same time, I am setting up a living trust for estate planning so that this property can be passed on to my hiers without any difficulty. My attorney has advised me a structure where:
I own the Living Trust --> Living Trust owns the LLC --> LLC owns the property (Title)
My lender is not okay with this 'Nesting' arrangement. They are okay if I transfer the title to the property to an LLC where I am the LLC's owner, or to a Living Trust where I am the owner. They are NOT okay with a Living Trust owning the LLC.
Has anyone run into this issue, and do you have a workaround (if any)? I am in Texas, and the property is out of the state (Oregon) if it matters.
Thanks!