Setting up LLC for my Triplex

Setting up LLC for my Triplex

Megan StonePro Member
Member since 2022 · 30 posts · 17 votes

I want to put my Triplex into an LLC for legal protection of my personal assets. The Triplex is in GA. I contacted an attorney's office in Wyoming to set up the LLC and they told me:

"A Wyoming LLC will not provide a GA piece of investment property with any asset protection. If something happens on that property and you were to be sued, you are going to be sued in a GA court of law and the judge can set aside the Wyoming LLC because it is a completely different jurisdiction. You are effectively conducting business (rental property), which means a GA LLC should be owning that GA property and conducting the business in GA."

If this is indeed correct then why is there so much conversation out setting up out of state LLC's ?

Any info/advice?

Thank you in advance,

Megan

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  • Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
    2y

    @Megan Stone good to hear this attorney offering you excellent advice even though it isn't in their 'best interest'.

    I've always established my commercial RE LLCs in the state of the asset.  

    A WY LLC will do nothing for you. A same state LLC you quitclaim into from your name will also be 'set aside' for the bs it is.

  • Megan StonePro Member
    OP
    Member since 2022 · 30 posts · 17 votes
    2y

    Thank you for your input I really appreciate. It seems like everyone focuses on choosing certain states based on rental laws and fees and fails to mention the the primary LLC should be in the state where the property is- in which case the the other state options are not helpful.

    The wyoming legal office did offer to set up a parent company under which my other LLCs be owned-- which I understand that concept.

    Thanks again!

  • Sean O'KeefePro Member
    CPA | Accepting new clients | 50 States · Member since 2022 · 1k+ posts · 871 votes
    2y

    @Megan Stone another thread on Entity Structure here that you might find interesting. 

    https://www.biggerpockets.com/forums/51/topics/1196227-inves...

  • Megan StonePro Member
    OP
    Member since 2022 · 30 posts · 17 votes
    2y

    Thank you! I'll check it out for sure

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