First rental property- LLC or Trust?
We have an LLC and thinking to buy property on LLC name rather than personal. Oe setup a Trust. Any insights from someone who has done either or both?

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Neither. I Own 6. Just increase umbrella policy. The hassle of a separate checking Accts and tax returns is both obnoxious and expensive. The umbrella protects you from the liability of a lawsuit

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Own 3 rentals. All in my name, no LLCs. Prefer umbrella due to ease and the fact you should still have an umbrella policy even if you go LLC route.

I live in California, which charges $800 per year for the privilege of being associated with an LLC. I just hold my properties directly and use an umbrella policy.

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I can't speak for other states, though I don't imagine they're a whole lot different than Florida, but a trust provides you absolutely no liability protection. The only reason to use a trust is for estate planning purposes, and most people would put the property in an LLC and then own the LLC through their trust so that they don't have to go through probate to move the LLC membership interests from their individual name to their trust at death.

If you want to go the umbrella policy route as discussed by several other commenters, then you can go ahead and own them in trust, but again, the trust is not providing liability protection. That's what the insurance is for.

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Probate is the court process of transferring assets when you die out of your name to whomever you leave the property to, or whomever the state says it goes to if you didn't specify in a Will.

For those that hold property in their individual name and use an umbrella policy for liability protection, when they die someone will have to open a probate to transfer ownership of the property to the owner's heir(s).

If the property is owned and trust, typically the owner is also trustee of the trust, and when they die the trust says who the next trustee is and that person immediately steps in and controls the property without needing to go to court.

Again, this provides no liability protection. The reason to put it in trust is to skip that court process.

If you want to use an LLC, and you own the LLC membership interest directly, you will still need to go to court to transfer ownership of the LLC to whomever you want the company to go to. You also can put the interest in the LLC in a trust and again avoid the court process.

The liability protection comes from the property either being owned in an LLC, or you can own it in your name and just make sure you have a large umbrella policy to protect you.

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Have you compared rates with buying as an LLC or trust?

No we haven’t. Good point. Did not assess impact on interest rates

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I wonder what’s the role of setting up Trust??

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