Trust VS LLC
Ok, this is a topic I've learned a lot about but have only applied once as its time consuming for me to get all my properties into a trust. (I'm also a stay at home mom that homeschools -4 kids)
You can get a trust that is cheap and use one for each property, but most likely, the way its written will be too vague and not do too much good. Having a trust that is written well and covers most of the 'what ifs' is imperative. So, it is probably best to pay an attorney who specializes and KNOWS all about land trusts (very important, they are far and few between! Especially in CA!) to cover you well. Or, if you have a trust, you can take it to a trusted attorney (is that an oxymoron?) :mrgreen: to look yours over its MUCH cheaper than paying them to create the trust from scratch. BUT, once you have one done, you can use it for EVERY property you have, just change the property info, the trustee, the beneficiary, the director (if you choose to have one) as you would like it to be.
As far as trusts are concerned, they can hold the property in one state and follow the laws of the state of your choosing, to add yet another layer of confusion to someone pursuing a lawsuit.
It is possible for a trust to hold another trust that holds another trust and layer trusts within trusts to the nth degree, which can all be held within a living trust. What it does is makes someone who tries to penetrate the trust VERY expensive. It costs a lawyer several thousands of dollars to find who the beneficiaries are that way, and usually they will require a retainer for someone trying to file a law suit.
Also, if you have each individual property in a trust, you liability is indeed limited to ONLY what is in that trust. What this does is instead of the RE being real property, it becomes personal property. So, as someone else was saying
You can even put all of your assets in individual personal property trusts if you really want to protect your assets and make it really difficult for someone to get anything. This is what The Donald does.
He was in a car accident and the lawyer proceeded against the owner of the car. He had it in a trust. (not a land trust, a personal property trust). They ended up ONLY being able to sue for the car after a lot of time and effort because they knew he was the owner.
Costs for a trust are minimal as you do not have to get title insurance again,there's a law that allows you to transfer your property into a trust.
The toughest thing I found when doing trusts is finding an insurance agent that understands how they work. They are much like a corporation set up, but confuse the heck out of insurance people for some reason!
There's so much info on trusts, this is a bare minimum, but they shouldn't be overlooked as a great tool for us as investors.