Skip to content
×
Pro Members Get
Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
ANNUAL Save 54%
$32.50 /mo
$390 billed annualy
MONTHLY
$69 /mo
billed monthly
7 day free trial. Cancel anytime
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Robert D.

Robert D. has started 19 posts and replied 63 times.

Post: WYOMING LLC REGISTERED IN CALIFORNIA

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11
Quote from @Brian Burke:
Originally posted by @Jerry W.:

Do you think Brandon Turner or David Greene or Brian Burke have an LLC for every property? I bet not.

Nope, sure don't. Most of what I buy these days is over $10 million. For those, each has its own LLC because I need to segregate investors in different properties (in other words, the ownership is different so the entity has to be different) and because our lenders for those size deals require single purpose entities.

But if I formed a separate LLC for each of the 700+ properties that I've purchased in my career (all of the houses and small multi), I'd need a full-time legal team just to handle entity administration. No thanks.

what do you use for those 700+? Liability insurance? Trusts?

Post: How will marriage affect my rentals

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

Regarding Articles of organization. Is there a standard verbiage for us real estate investors. Anderson advisors make it seem only they know the secret verbiage to make the LLC "bulletproof". I know little about that subject. Wondering if I should even do it myself or hire a lawyer to set this up for me to the tune of $3000 includes titles etc OTD.

I’m not trying to cheap out but I can do a lot with that. Can it be diy’d?

Post: How will marriage affect my rentals

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11
Quote from @Andrew Kubik:

First off, congrats on your upcoming marriage and already having 3 properties free and clear! I echo every Jaron said. Moving your properties into one LLC will protect them, and I would put the LLC in a trust. I would look into an umbrella policy to increase your insurance coverage on both the LLC and yourself. I suggest finding a good insurance agent and a good attorney/CPA to help you get everything organized. Looking forward to seeing what's instore for you :)


Thanks for your response! Sadly I think not all attorneys here know the advantages of using out of state LLCs and or out of state statutory trusts. I could be wrong. California attorneys just want you to LLC locally and pay thru the nose the california franchise fee of $800 per LLC per year.

Post: How will marriage affect my rentals

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11
Quote from @Jaron Walling:

@Robert D. You should seek out and speak with a financial planner/estate attorney. Anything you own currently is not hers until you get married. When I got married I owned two properties (whoop whoop). My wife nothing but student loans and car debt. Together we bought a BRRRR deal, completed it, and got married soon after. It was a big test. Really established our finances and money goals. Money is the #1 killer of marriages. We have been married for 5 years and have since established a living trust and put all our assets into the trust. Any LLC we start in the future will be held in the trust. If nobody can see what's in a trust nobody will sue you.

You have three paid for properties. Leverage some equity and get into a deal with your finance. Get her interested in REI. That's what I was looking for when I got married because we're playing the long game! With our marriage and investing goals.

Worry more about your choice for a life partner and less about community property. 

"The franchise fees here would be $800 per LLC per year" - Don't sweat it. Put them all under the same LLC. Get an umbrella policy for the LLC if you don't think you have enough insurance on the rentals. That's what we did.

Cheers. 

Thank you for your response! I didnt mention I already have a trust and yes the plan was either to put those in the trust. BTW Im in california. I have read and also been told that a trust can be sued. I realize alot of investors have absolutely no asset protection ie LLCs for their properties and have been told by a couple of attorneys that im over thinking and perhaps paranoid of being sued, california as well as the entire US is known for excessive litigation. Of course they told me the choice is mine.

If you dont know california charges $800 per LLC per year.

So it was either put them in the trust or LLC them each into their own LLC and having the trust be the owner, ie hold the beneficial interest.

As well since ill be getting married im somewhat concerned she could possibly cause a liability. Where i just needed to worry about just me doing something negligent or what have you, now i will have two to keep in mind. Similar to having kids that could do something stupid and have that come back on me. Correct me if im wrong.

I was considering using anderson business advisors to set things up for me, meaning LLCs etc to play smoke and mirrors to a tune of $15k and thought that was insane to pay. I consulted with an attorney here in cali that specializes in setting up LLCs. He says if i used anderson with their out of state LLCs etc would work i would just have to cough up 15k. Whereas setting one up in cali is just $2400 per year and hassle free.

So here I am needing to do something, and do it soon. Advice please! Sorry so long winded!

Post: How will marriage affect my rentals

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

Hi all, it's been a minute since I posted here. I will be getting married in a couple of months. I live in California and I own three rentals free and clear. I am in a hard debate whether I should LLC my properties before I get married. The franchise fees here would be $800 per LLC per year. Translation, $2400 per year.

I currently just have insurance liability up to 1 million per property.

Since I will be getting married and as married, you are considered as one, I'm wondering if I should LLC them due to the new wife becoming also a new liability in my life.

For example, she causes a big car accident and ends up getting sued. Will they also include me in part of the lawsuit?

Another question is if I do not LLC before I get married and I decide to LLC after I get married will that be considered community property because at this moment before I get married it is considered separate property. I would love to get some input before it's too late. Thank you all in advance! 

Post: I got served...not really

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11
things just keep getting better. i found out the ex tenant hired a process server and that process server served the wrong person completely unrelated to me about 40 miles away.

Post: I got served...not really

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

So I open my P.O. Box yesterday to find some court paperwork. I didn’t sign anything it was just laying there in my box. I’m in California. Can anyone tell if I was served correctly? So far in my search all I have found so far seems to say if mailed via certified mail and or proof of return receipt.

Post: Son of Landlord. Need help!

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

@Robert D. Oops that’s supposed to say ‘don’t’ take my word for it.

Post: Son of Landlord. Need help!

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

@David Rodriguez not sure where you’re located of course consult someone with the correct knowledge do take my word for it but I think it’s just a matter of ending the month to month contract by giving the proper notice properly. Seems easy perhaps more will chime in here. Good luck.

Post: Renting to older tenant

Robert D.Posted
  • Rental Property Investor
  • Redlands, CA
  • Posts 63
  • Votes 11

Hey gang. I live In california so I really need to ask as anything goes in this state it seems. I’m currently trying to fill one of my rentals. I believe I have found a one of a kind tenant. Self proclaimed clean freak etc. yada yada yada She appears to be older possibly late 60’s unsure as I haven’t gotten her to fill out an informational yet. She has a record or long tenancy previously. She’s relocating due to owner selling the property. I expect in theory to have her there for quite a while as long as she is happy living in my rental. My question is: as an aging tenant and although she is healthy now, if she were to develop a disability due to aging am I supposed to make accommodations for her such as adding wheelchair ramps or converting bathroom showers and tubs to better suit a disabled person? My wife brought this up and bursted my bubble. Like I said she SEEMS to be a perfect tenant in theory. As an aside I have another couple which atleast told me to my face they only want to stay there a max of 2 years. I’ve screened a few prospects and these two are the ones that rub me the right way. Lol thanks in advance!