Land Trust Legal Help

Protect property ownership with structured legal solutions.

More about land trusts:

Why should I get a land trust for my estate?
How is having a land trust easier than just having a will?

Land Trust and Beneficial Interest Services

A land trust is used to name one trustee to a property in order to designate and control the income. This directs that income to beneficiaries. The trustee has no other function besides doing as the trust deed instructs. A land trust:

Protects your privacy, avoids probate court costs after death,
Names beneficiaries and a trustee to uphold any income allocation to the beneficiaries as needed,
Transferable to new beneficiaries easily, without having public record,
Facilitates multiple ownerships for clear and easy division, and, helps you retain seniors’ exemptions.

It is costly to go to court after someone dies. If you set up a land trust, then you can name your beneficiaries. This ensures that they are taken care of without paying expensive attorney fees out-of-pocket. Price: $500 (Setup an appointment here).

Privacy-Focused Ownership Solutions

When Can I Set Up a Land Trust?

A trust can be set up at any point during your lifetime. It will ensure your assets are managed according to your wishes after you die. A trust works much better than a will, because it is not overseen by the court. It does not require a certain amount of time to take effect. If you die with a will, it has to go through probate court. That process can take three or more months, especially during COVID. A handwritten will can be denied, and your property goes to your heirs. At this point, your heirs are out-of-pocket for court expenses. Then they still have to transfer the title of the property or land to their names.

In most cases with multiple heirs, one or more of the heirs waives their rights to the property to avoid a disagreement. It is unfair that one of your children pays for the upkeep, taxes and other expenses associated with the property. Then when the property is sold, all your children expect to share the proceeds evenly. This usually makes tax payments go unpaid, and homes go into disrepair.

What Are the Benefits of Doing a Land Trust?

Probate costs can range from several thousands of dollars to tens of thousands of dollars! It’s unfair to have one of your children pay this cost upfront, and then evenly divide the estate in it’s entirety. These types of disagreements can really split up family. With a trust, the trustee is obligated to distribute the proceeds from a sale evenly eliminating probate court costs.

FAQ

What Are the Benefits of Having a Land Trust?

There are a lot of benefits to having a land trust. One is anonymity. A lot of debt collectors and other interested parties such as business organizations interested in collecting on loans from a business etc. Cannot see who are the beneficiaries to the trust. It is not public information. Another reason is that after you pass, your heirs or beneficiaries will have to go through probate which is costly, from thousands to tens of thousands of dollars, and have waiting time during that process. With a land trust, your home is already transferred to them as owners upon your death, where they will avoid that costly probate process.

Who is Assigned Responsibility of Assets in a Land Trust?

Can Debts and Liens Affect a Land Trust?

Other Services Related to Wills & Probate

Land Trust With Assignment of Beneficial Interests

Create a Valid Simple Will in Texas

Will’s and Estate Planning in Texas

Affidavit of Heirship

Durable Power of Attorney

Maas Law Firm, Texas Real Estate Attorney

We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.

Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.

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