Legal Question in Real Estate Law in California

Re: assignment of real property from land trust to LLC

There is no "right form" for transferring property to hide or make inaccessible property that is, or might be, under creditor attack. Such transfers are fraudulent and can be un-done and both the transferor and transferee are subject to damages, possibly punitive damages.

With that warning, I would say that transferring property from a trust to an LLC would be done by a deed, executed by the trustee(s) pursuant to authority vested in them by the instrument that created the trust. Advice of an attorney who has had an opportunity to review the trust instruments should be sought and followed; the trustee(s)' power to dispose of trust assets is probably limited, and fair value issues will almost certainly arise.

Finally, unless the rental properties are in Nevada, the reason for using a Nevada LLC are highly suspect. A California entity should be selected for management, and probably for ownership as well, of real property located in California.

Finally, any change of ownership of real property should be done by a written and notarized instrument which is promptly recorded in the county or counties where each parcel is situated. If these properties are financed, as most income property is, the lenders must be informed and may need to give prior approval for any change in legal ownership, even if the same folks who were beneficiaries of the land trust also own the LLC.