Trust Funds Explained™

Legal structure

Land Trust

An arrangement in which a trustee holds legal title to real property while the beneficiary retains control and benefits.

Typical purpose

Privacy of ownership and simplified transfer of beneficial interests in real estate.

How it operates

The beneficiary directs the trustee; title records show the trustee.

Who might use it

Real estate investors and property owners in recognizing states.

Assets commonly involved

  • ◆Real property

Potential advantages

  • ◆Ownership privacy
  • ◆Easier interest transfer

Legal and tax limitations

  • ◆Not recognized uniformly
  • ◆Limited liability protection
  • ◆Lender due-on-sale considerations

Establishment & administration

  • ◆Trust agreement
  • ◆Deed to trustee
  • ◆Local recording

Common mistakes

  • ◆Assuming liability protection
  • ◆Ignoring mortgage terms

Questions to ask a professional

  • ◆Which state's law should govern this arrangement, and why?
  • ◆Who should serve as trustee and successor trustee?
  • ◆How will the trust be taxed at the federal and state level?
  • ◆What assets must be retitled, and who handles the transfers?
  • ◆What ongoing records, filings, and reports will be required?

Educational information only. Trust law varies by state; consult qualified legal, tax, and financial professionals before acting.

Next step

Move from understanding to a properly reviewed plan.

Discuss a Land Trust With Tangier

Educational information only. Not legal, tax, or investment advice.