5 Land Trust Rules Explained In Detail

In this video, Clint Coons, Esq. will discuss 5 land trust rules in full detail and how they play into asset protection for your real estate investments.
Clint has years of experience investing in real estate and has come to understand the importance of utilizing land trusts in his portfolio.
"If you want to get your name off titled real estate, this tool is phenomenal." 1:55
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A land trust can be defined as a legal entity that owns the land and holds it in a trust for the benefit of a beneficiary. It can also be defined as a legal entity that owns the land and holds it in a trust for the benefit of a beneficiary.
Land trusts are a great way to ensure that the land you have access to is protected and preserved. They are also great for keeping people out of your business, which is a very important aspect of being a real estate investor. If you want to know what those rules are, keep watching.
We appreciate all of you taking the time to listen to us go over these rules and we sincerely hope that you were able to take away from our lecture.
Please be sure to like this video, reach out to us in the comment below, and subscribe to the channel for more great content.
Show Notes:
0:00 Intro
0:30 What is a Land Trust?
2:45 Benefits of Land Trusts
4:24 Sale Clause
5:30 How does a Land Trust Work?
7:53 Who can be part of a Land Trust?
9:55 Outro
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ABOUT CLINT COONS
Clint Coons, Esq. is one of the founding partners of Anderson Law Group, Clint has grown his legal and tax firm to over 400 employees by assisting real estate investors with creating and implementing solid entity structuring plans. His success in these regards is in large part due to his personal investing experience. A successful attorney, real estate investor, and speaker, Clint has used his innovative and dynamic strategies coupled with knowledge borne from experience to help thousands of people save millions of dollars and build real wealth.
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The information provided in this video should not be construed or relied on as legal advice for any specific fact or circumstance. Its content was prepared by Anderson Business Advisors with its main office at 3225 McLeod Drive Suite 100 Las Vegas, Nevada 89121. This video is designed for entertainment and information purposes only. Viewing this video does not create an attorney-client relationship with Anderson Business Advisors or any of its lawyers. You should not act or rely on any of the information contained herein without seeking professional legal advice.
#landtrust #assetprotection #clintcoons

[@justinarnold84]

Gahldang you got nice words! Really appreciate your videos! There are levels to this and you guys are top tier!

[@303Estates]

Great Video Clint!! Always awesome! I have my WY LLC all done, so I am on my way! Keep up the great work!!

[@ClintCoons]

Awesome - best of success.

[@duracell87]

Thanks for the video.

[@ClintCoons]

Duracell 8 Thanks for watching.

[@timothybracken1728]

Thank you so much Clint, i will be attending that workshop. I love your work and book!

[@ClintCoons]

Nice.

[@youandme8082]

I recently learned about this great tool. Thank you for the video Question? I know I have to mail in my "Warranty deed to trustee" for recording at county office, but do I have to mail it in along with "Trust Agreement" for their review too? Thanks

[@ClintCoons]

You should only send what is required by the assessor/county. Everyone is different.

[@josephsarh4193]

Clint, i new to your channel and i absolutely love your content. Is the state of Delware just as good to open your LLC?

[@ClintCoons]

Yes it is.

[@raulvargas352]

Great Video Clint. Question. In Indianapolis, Indiana, there is a law that requires Owners of rental property to apply for a landlord license. Its basically a $5.00 Fee in which you fill a questionnaire online, that requires you to list the Property manager, name and point of contact, plus the name of the Owner of the Rental property. They look for first and last name and contact info. The reason for this is because Indianapolis has had bad rental property owners that don't care of tenant needs. This is a way a tenant can find the information through government site. How can you protect yourself with land Trust or LLC in this case? Thanks

[@ClintCoons]

I dont see a way around it because you need to list a contact person. If you are using a PM then I assume the PM's info will be listed.

[@aurelius7435]

Great video. Thanks. Question: If I purchase a property subject to existing mortgage via deed to a land trust, will it make it harder to obtain new bank financing on that property down the line? Or in other words, would a new lender look askance at my claim to title on that property, causing problems with refinancing?

[@ClintCoons]

If you want to obtain financing down the road I would take it out of the trust prior to he refi.

[@richardtruitt4646]

HI clint' Great content as usual. Question, CA resident here, so I'll be setting up land trusts to avoid the 800 FTB yearly fee. when setting up the WY LLC to be the trustee for the land trust, any suggestion for how to name the WY LLC? I intend to use the street name for the trust name, for example: Johnson Road Trust, by ________, LLC, a WY LLC as trustee. After closing I intend to create an LLC with the similar name to the trust and as manager of the WY LLC, instruct the property mgr to pay the rents due the trust owner to to the LLC (Beneficial Owner).

[@ClintCoons]

I would use a business sounding name like Green Point Solutions LLC.

[@bigflip2378]

Can your LLC initial be the beneficiary or do you have to assign it?

[@biaruxi]

Hi Clint! Does the Garn St Germain Act protect transfers to an irrevocable trust though? The whole reason I want to transfer my mortgaged property to a trust is for creditor immunity & a revocable trust with myself as beneficiary or with me assigning interest to LLC, doesn’t give me that bc I’m still the grantor.

[@ClintCoons]

No but you could move it into a land trust then place the land trust into the irrevocable trust.

[@robber.baron6]

Isn't a Land Trust (Grantor Trust) subject to the grantor’s creditor claims, therefore defeating the "LLC as Beneficiary" structure?

[@johnzeegler8641]

But what makes this document that you generate official? Does it have to be filed with the state so they are aware of it? How does an override the existing title if it's not filed for anything?

[@ClintCoons]

The deed is what recognizes the existence of the land trust.

[@simianstyl]

Great video Clint, had a few questions. Can the trustee for a land trust be another living trust or does it have to be an individual/ LLC? Also is there any reason not to make the LLC the initial beneficiary, does the initial beneficiary have to be an individual first before assigning interest to an LLC? Thanks!

[@ClintCoons]

The trustee should be an individual or entity. You do not want the LLC as the initial beneficiary unless it currently owns the property or your are buying for cash in the name of the trust.

[@jaredvidales]

@@ClintCoons Why do we not want the LLC as the initial beneficiary? What is the risk?

[@ClintCoons]

@@jaredvidales If you are the beneficiary and something happens on the property (legal liability) you will be personally liable. The LLC is your asset protection.

[@jaredvidales]

@@ClintCoons Sorry - I should have clarified. In the structure you're proposing, your suggesting that initially I should be the beneficiary personally, then immediately after, assign my interest to an LLC. My question - Why not have my LLC be the Bene from the start? FYI - properties are in AZ so we have no transfer or re-assessment taxes. Thank you! I have a consulting call with your team Tuesday.

[@ClintCoons]

@@jaredvidales Just being cautious on the reassessemnt and if you plan to open a bank accoutn for the trust it is simpler without the LLC listed as the beneficiary.

[@EugeneMendelevich]

Hi Clint, I've been following your channel for a while, great content - thanks! Have a question: I'm in FL. If I want to setup asset protection structure for a rental, is it enough to setup a land trust for the property (inside protection unique to FL) with WY LLC as beneficiary (outside protection with strong Charging Order protections) or do I need to have an ADDITIONAL FL LLC as beneficiary of the the trust that's in turn owned by WY Holding LLC? Would I have any issues "conducting business" in FL w/o having FL LLC? Thanks a lot in advance!!!

[@sistersincharge]

Interested as well

[@ClintCoons]

That is exactly how it is done.

[@EugeneMendelevich]

@@ClintCoons Sorry, could your clarify - with FL LLC or without?

[@ClintCoons]

@@EugeneMendelevich Without. The FL land trust can be owned by the WY LLC.

[@EugeneMendelevich]

@@ClintCoons Thank you very much!

[@wompol7117]

so i can make land trusts and assign benefits to a family trust as part of estate planning?

[@propertyrightsmatter8156]

I believe there was one short sentence that says you can. Great question we both had.

[@amp7816]

If a tenant wants to place their name (lessee) under their family trust, is it legal? Landlord is refusing to do this stating it is illegal in CA

[@ClintCoons]

Not accurate. A Trust can be a party to a lease agreement.

[@mr.c.3926]

If assigned to another beneficiary (i.e. parent to kid), are there any potential tax liabilities to the parent like gift taxes?

[@ClintCoons]

Yes there could be if you give the ownership to your children.

[@michaelgreen9869]

who d you use in wyoming for LLCS and what is the cost

[@ClintCoons]

If you would like a FREE 30-minute consultation, you can request one here - aba.link/30minSession

[@moonachaudhury3913]

Do u host events in Virginia ?

[@kathymitchell3157]

Hello. How are you. Declaration of Trust can I purchase a property with that contract. Thanks

[@ClintCoons]

Yes you can purchase property with a land trust.

[@reaabeer1040]

Any class happening soon in California?

[@ClintCoons]

Not yet. If you would like to learn more you can register for one of our upcoming Livestream 1-day Tax and Asset Protection Classes for Real Estate Investors. Here is the link: aba.link/KZbinAP.

[@user-nl2un7it1y]

If we have mortgage can we put property in trust?

[@ClintCoons]

Most likely not

[@user-nl2un7it1y]

If is mortgages can I put in trust?

[@ClintCoons]

Most likely not unless you take out the mortgage in the trust when you acquire the property.

[@reynesanna]

If your 3rd party Trustee gets hit with a judgment before they resign, what happens to your property?

[@ClintCoons]

Nothing. You can have it quashed if it attaches.

[@Bigdadzhousegainz]

If someone was being forced to temporarily resign due to medical reasons from their w-2 job. And until the medical condition is cleared up. They are wondering how to feed their family so they decide they’re going to withdraw their entire pension plan from the city. Now since person is doing so and is only 31 obviously there’s a penalty but the same person I believe realizes that since he’s withdrawing pension and maybe has an idea that will allow him to ensure the early withdraw of pension and it’s penaltys are negated or no longer required. Said person plans to be back at job so time in grade will be recognized but 9 years of retirement contributions will not but that’s no longer of any concern I believe. Would a trust or designated trustee that already holds real estate be acceptable for tax deferred purposes or is it easier just to take the 20% penalty on the chin? Until said person returns to work once cleared by doc? Miscellaneous info- Said persons work schedule is amazing as it’s 24 hours on 48 hours off. Said person actually likes their job and the pay is decent but realizes the need to ensure family’s stability as first priorities. Said person already has one cash flowing SFH, In a trust I believe. Plus primary residence and is looking to leverage what they already have and are soon going to have split but split 5 different ways. Using new source of funs as downpayments. Split 5 different ways using opm. That will be cash flowing with current market and high rates roughly 2.5k-4K per month and only going to get bigger with time. 6 months worth of emergency stuff already standing by just incase to float by just incase for a all newly acquired assets. Of course subject to change as rules seem to be changing daily.

[@ClintCoons]

An early withdrawal is taxable. There are exceptions to the early withdrawal penalty that might apply in his situation.

[@melhoresprodutos8899]

Great Video how ALWAYS. Do you talk about the use the LT for TAX LIEN and DEED, and I like know if do you can makethe Vídeo about This? One use the PURE L.T. for this or put the LLC for more privacity?do you the Best and I reccomend your STUNNING Services for Many Peoples I know

[@canaleducativobrasil]

Great Video how ALWAYS. Do you talk about the use the LT for TAX LIEN and DEED, and I like know if do you can make This? One use the PURE L.T. ou this put the LLC for more privacity, do you the Best I reccomend your STUNNING Services for Many Peoples I know