Setting up LLC with Living Trust
I have worked with many people who have come to me to set up their limited companies. They have a living trust. However, even if you have an existing living trust, there are some things to consider when forming an LLC. This raises the question, 'As a charter member, should I rely on all government records?' A real estate plan allows investors to place the private property in a revocable living trust which is owned by trust beneficiaries without going through probate court.
An LLC can operate as a sole proprietorship or as a partnership for additional tax benefits. Incorporation protects business assets, including property, bank accounts, and other personal assets, from court proceedings over time. When you set up a living foundation, if your spouse dies, your property will be exempt from property management and inherited according to your instructions.
When drafting the LLC Operating Agreement, it is important to clearly define all ownership rights in the trust. The operating agreement should include the following:
- A statement that the trustee or successor has all rights as an officer or member of the LLC;
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List of all the managers and members of the LLC
The benefit of investing a member's interest in a trust is beneficial if the member's interest in the corporation exceeds the amount allowed to avoid the probate test. Please consult a real estate planning attorney to determine if your interest exceeds this amount or if forming a living trust is best for you.
The legal status of a living trust depends on how it is created. The trust is:
Revocable - A revocable trust allows the grantor to terminate the trust at any point in time if they wish to regain ownership. For this reason, the trust can be considered part of the grantor and is considered part of the property relating to the debt.
Irrevocable Trust - When a trust is set up as irrevocable, the trust can't be without difficulty terminated via way of means of the giver, however, the property is blanketed from lenders pursuing the transferor's property.
State law allows a trustee to enforce legal title to nearly any property an individual may own. Ownership in an LLC is considered an asset, so a living trust can be one of the members of the LLC. With all states now rejoining LLCs of single members, the living trust may be the sole member of the LLC. There is no definite limit to the number of members in an LLC. Members can be natural persons or legal entities. For taxes, individual LLCs include profits from the corporation on their tax returns. In an LLC with multiple members, each member's profit sharing is reported on Schedule K and converted to separate 1040 statements.