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Public. Make Private
Hey there Moguls, Randy Hughes is back with us today with another informative installment in his awesome series about Land Trusts. Randy knows Land Trusts in and out, backwards and forwards – and that, friends, is why this expert is even called Mr. Land Trust. Rather fitting, huh?
Land Trusts can be a little tricky to understand, but not when Mr. Land Trust is on our side to break them down into easy-to-understand lessons. If you want to start from the beginning, here’s Part 1.
Last time, Randy talked about the controversy over the best way to hold title. He explored the pros and cons to holding title as a Limited Liability Company (LLC) vs. Land Trust. (Hopefully by now you realize it is NOT good to hold title in your own name.)
So for now, we’re gonna let Randy take it away from here…
Over the past several lessons of this Land Trust series, you have learned how easy it is to create your own Land Trust and many other essentials like:
When I discuss the use of a Land Trust to hold title to investment real estate, I am mostly talking about a Revocable Grantor Type Land Trust. What this means is that the Trust itself can be altered after its creation.
I tell my students to create their first Land Trust as quickly as possible so they get the experience of what it feels like…
Then, if they don’t like something in the Trust Agreement or they learn something new that they want to put in their Trust Agreement… all they have to do is amend their Trust Agreement and viola… as of the date of the Amendment, the Trust Agreement is changed!
For the readers who prefer documentation to conversation, here is the support documentation for this concept:
Land trust agreements can ordinarily be freely amended. (H. Kenoe, Land Trusts § 2.47 (Ill. Inst. Cont. Leg. Ed. 1978) (hereinafter Kenoe).) While some trust agreements do no expressly provide the right to amend, such right will be inferred from the right of the immediate beneficiaries to terminate the trust, take a conveyance, and create a new land trust with the changes that they desire. Unless restricted by an agreement of the parties, amendments concerning the identity of the beneficiaries, the power of direction, or the allocation of proportionate interests in the trust may be effectuated by simple assignment without further documentation. Kenoe § 4.12; see Shefner v. University National Bank (1976), 40 Ill.App.3d 978, 353 N.E.2d 126; Ciolek v. Jaskiewicz (1976), 38 Ill.App.3d 822, 349 N.E.2d 914.
Certainly an Irrevocable Land Trust has more asset-protection benefit to it than a Revocable Land Trust because under court order, the Revocable Trust can be revoked and all assets exposed to the claims of creditors.
But the Revocable Trust has more flexibility than the Irrevocable Trust and sometimes that is more important.
In either case, a Trust is effective in providing privacy, but a Revocable Trust is like a curtain while an Irrevocable Trust acts more like a wall for asset protection purposes.
This lesson has discussed the difference between an Irrevocable Land Trust and a Revocable Land Trust…
We learned that Irrevocable Trusts have better asset-protection benefits than Revocable Trusts, but Revocable Trusts are more flexible.
Since most real estate investors use Revocable Land Trusts to hold title to their investment property, we will continue to learn in future Lessons some creative Land Trust strategies.
In the next few lessons, we are going to discuss more creative concepts using Land Trusts to hold title to your investment real estate. To whet your appetite, here are some of the concepts we will discuss in future lessons:
Randy Hughes, aka, Mr. Land Trust
Comments or questions? Talk to me in the comments section below.
Learn as much as you can about both Revocable and Irrevocable Trusts.
Know that Revocable Trusts are flexible and easy to change, but don’t have great asset protection.
Is there a topic you'd like to learn more about? Request a Lesson
bought his first single family home for rental while in college in 1969 and hasnít looked back since. Heís since purchased over 200 houses, and has developed a special expertise focused on how to protect your assets and how to become more private with your personal life through the creative, 100% legal and ethical use of Land Trusts. On the topic, Randy has written extensively for national real estate publications, has published a number of Privacy and Asset Protection books including Land Trusts Made Simple, and has been a licensed Continuing Ed Instructor for the Illinois Assoc. of Realtors for 20+ years. He even teaches land trust law and administration to attorneys.
Module: Business Development
Expert: Randy Hughes
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FROM PRESTON ELY - MY PERSONAL DISCLAIMER TO YOU
Hi - we do everything in our power to run a good, clean business and help people succeed.
We've been in business for nearly a decade. Our mission is simple: help 1,000,000 people live lives of greater freedom. That's what gives us juice and passion.
Unfortunately, there are people and companies who do bad things and make products that don't work at all or don't work as advertised. That behavior hurts everyone.
The bottom line is there is no such thing as magic. There is no magic unicorn that will appear on your doorstep and start pooping gold bars or giving you free money.
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Any one of the people who we happen to feature in this program have a BIG WHY - they want to make a difference and help themselves, their families, their employees and customers succeed. They want more and they apply themselves, they get outside of their comfort zones, acquire new skills, work like crazy, make mistakes, and fail, BUT THEY DON'T GIVE UP.
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