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hi this is the business guy with asset protection planners and lawyers limited and people often ask me can i put my llcs into a living trust so my answer is this yes you can put your allc's into a living trust but that's not the right question the question is should i put my llc's into a living trust and the answer is no and here's the reason why the reason is because an llc is an asset protection device a living trust is not it's an estate planning tool so putting the llc inside the living trust kills half of the llc's protection and by the way if you're watching this video on youtube please click the like button below so youtube will promote this video i'd really appreciate it and if you're new here please click the subscribe button and the notification bell so that when more videos come out like this you'll be up to date right away here's why a lot of estate planners a lot of asset protection people get this one wrong big time with a revocable living trust the word revocable means changeable so if you set it up you can also change it so you can change the beneficiary to somebody else let's say if you have a child that becomes a drug addict and that's going to be a lifelong thing you think well you probably don't want that child to inherit 500 000 of your wealth right because you know what would happen it would just go straight up their nose if they're into cocaine or whatever it is so naturally you're not going to want to encourage that habit and give them a whole pile of money even though you love them they're your child but it wouldn't be to their best interest to receive a big pile of money fuel their drug problem so you're going to take them away as beneficiary do some other arrangement maybe you will have the trust pay for the rehab but you can change that and you can incorporate that into the trust with a revocable trust you can do that now on the other side when somebody sues you and somebody gets a judgment against you then the judge can force you against your will to make changes to that trust in other words whatever you have the ability to do personally in most cases your creditor can step into your shoes and do the same thing so that means if you have the ability to change the beneficiary to anybody on the planet that also means your judgment creditor can jump into your shoes and change the beneficiary of your trust to anybody on the planet that if it's a revocable trust okay now we set up asset protection trusts or we have third party trustees different story not all vehicles are four-wheel sedans there are motorcycles they're dump trucks they're race cars not all trusts serve the same purpose some vehicles are rockets that go to the moon some vehicles are submarines there are different vehicles for different purposes and there are also different trusts for different purposes so not all trusts are the same just because it has the word trust behind it okay now let's look at the protections of an llc somebody sues your business like your llc owns rental property and somebody slips and falls and they sue for more than your insurance covers happens every day the llc is a lawsuit protection device so that when that lawsuit happens inside the llc it can actually protect you from losing your furniture your house your car your personal bank account so it acts as a shield the llc acts as a shield to protect you from losing your personal assets what if the lawsuit comes from the other direction you get sued personally you're driving home on friday night you're rearing somebody's car and you get sued for more than your insurance covers again that happens every day with an llc it acts as an asset protection device so there are provisions in the law of most states in most states you need to have two or more members of that llc to have the protection from this side of the equation the personal side so somebody sues you personally there are provisions in the law to protect that llc from being taken away from you and everything inside of it like the rental property you have lawsuit protection when the business is sued with an llc and then you have asset protection when you're sued personally to protect that llc from being taken away from you personally or the things inside of it says is rental property stock market investments for example you put that llc into a living trust and what happens you're taking away that asset protection aren't you see where i'm going with this your llc somebody sues you personally it can protect you from having that llc taken away from you and anything inside of it but if you put the llc now inside of a living trust the judgment creditor can step into your shoes and make you change the beneficiary of that living trust to that judgment creditor the person who sued you and now they not only own your living trust and all the assets inside of it one of the assets inside of it is the limited liability company isn't it now they take your llc away from you so that defeats the purpose of the asset protection of an llc so that's why it's so important to know these things and don't just listen to any old asset protection strategy if somebody recommends you put your llc inside of a living trust that's not a very well thought out strategy so we don't put the llc's inside the living trust so there are two solutions solution number one that llc can go in your will yes it will have to go through probate or solution number two you write a succession plan in the operating agreement of the llc that says when this member dies the membership in this llc goes to and you can name your children for example so you can put the estate planning provisions the succession plan into your llc operating agreement so you maintain the asset protection benefit while you're still alive so that's the answer the question that i get so much can i put my llc inside of my living trust and the answer is yes you can but the answer is also no you shouldn't there are other ways to pass the llc onto your heirs that doesn't include losing your asset protection hope this is helpful please click like subscribe and share this video with others thanks for watching this is the business guyyou
Thanks for your comment Dan Tacadina, have a nice day.
- Dorinda Llanez, Staff Member
hey guys in this video we're going to talk about setting up your llc when you have a living trust all right let's get started all right now i work with a lot of people who come to us they want to set up limited liability companies of course to own their rental real estate and they have a living trust and they've been told hey everything's supposed to go into my living trust and that's true so if you have a living trust that you've set up for your estate plan if you don't know what it is be sure to watch one of my other videos i talk about the benefits of having the living trust and what it can do for you by uh avoiding probate so you've set up your ella your living trust and you're going to be told you have to put all of your assets into this that means your limited liability companies that you've set up would go inside of there maybe you have another business over here would go inside of there so you got these llc's and when i say you put your llc's into your living trust what that means is that you're making the living trust the member of that limited liability company so when llcs get filed if the state asks for who is the member and you have to report it to the secretary of state on that llc filing and you have a living trust and you want to make the living trust the member you may be inclined to put down the name of your living trust on that filing more importantly what i see people do is when they draft their operating agreement so they've set up an llc you put together your llc operating agreement maybe you're listed as the manager and then you list your living trust as the member of that llc so why do people do this well they want to ensure that their trust owns the llc so they can avoid probate however here's something you should consider when you're setting up an llc even though you have an existing living trust if you're gonna if it's your trust list yourself as the member of the llc do not put your living trust as the initial member on any filings that are submitted to the state or uh on your operating agreement just have your operating agreement drafted so it looks like this i've set up an llc here here's an llc clint is manager clint is member of this of this limited liability company so i'm listed on the operating agreement in both positions now why am i telling you to do that because you may be thinking well clint if i did that well then my living trust doesn't own it so if i pass away that won't be included in this and this goes then has to go through probate attorneys get in there make all their money well we're going to put in your living trust we're just not going to do it directly and the reason being is that let's assume with this limited liability company you have you're going to open up a bank account right for it so it could be a wyoming llc and you want to open up a bank account and your bank asks for a copy of the operating agreement okay so you send them a copy of the operating agreement let's say you did it the way i originally showed you you send them over a copy of your llc operating agreement here and when they get a copy of it what are they going to see you're the manager and the living trust is the member so it's no longer you now this can create problems for you because if you're trying to open your account online for example chase allows you to open up an llc account online provided these two parties are the same but if you have this party here and this party here that creates an issue for you trying to get that account opened online so now you have to actually go into the branch then they want to see a copy as i stated that operating agreement they see the living trust there next question you're going to ask for well we need to evaluate your living trust and so now you have to bring your living trust in and give them a copy of your living trust to look at just to open an account so if you're applying for a loan same thing if you had an llc that shows that the living trust is the member and they in the lender ask for a copy of the llc operating agreement they see that that living trust is a member they're going to ask for a copy of that living trust and they're going to make sure their provisions in that living trust that allow you to do what you want to do buy that property and get a mortgage on there and maybe the attorney who drafted it didn't have that type of specific language in there used a more general purpose clause about trustees powers well then you got to amend your living trust to make the bank happy don't do this this is a mistake that i think people make is that they try to inexperience attorneys that do not deal with real estate try to put it all together a nice neat little package not realizing what the problems are going to be down the road so the way i like to handle my structure is i will set up the llc and whatever llc i'm setting up will not contain my living trust as a member what i will do is after i've set up the llc i will then prepare an assignment i will prepare an assignment where i will transfer my llc to the living trust so it's a separate one page document says i clint coons member in this llc hereby assign and transfer 100 of my membership interest to the living trust now when you do it this way that is not on the operating agreement yes your living trust owns it because you transferred your interest but if anyone asks to see a copy of your llc operating agreement don't send them the assignment just send them the llc operating agreement do exactly what they're asking now if they make you sign a form that states you're the actual member well of course you got a problem here you're living trust as a member and you're gonna have to figure that one out do you say yes i'm the member because i own it indirectly through this or if you're concerned about that that they may look at that as being fraudulent you don't want to sign into penalties of perjury how do you change it assign it back to yourself from your living trust just reverse the transaction then you're the member but it's a heck of a lot easier than having to amend that llc operating agreement to get the living trust name off and put your name on so a lot of things about putting together these structures aren't necessarily obvious on their face and it comes from years of experience of doing this and working with parties because i'll tell you what i made this mistake and i had to deal with the consequences of it and dealing with the bank one time and opening up an account so something to consider when set up your llc's if you have an existing living trust try to avoid listing the living trust as its member hey guys if you like this video hit the like button and of course be sure to subscribe to the channel take care you
Thanks Phuong your participation is very much appreciated
- Dorinda Llanez
About the author
I've studied collection management at St. Joseph's College in Brooklyn and I am an expert in newspaper. I usually feel gloomy. My previous job was petroleum engineer I held this position for 14 years, I love talking about debate and hobby horsing. Huge fan of Alexander the Great I practice equestrian: dressage and collect plants.
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