Legal Question in Real Estate Law in Massachusetts

LLC's or Trusts

Simply stated, when investing in real estate and holding property, should one use and LLC, Trust or combinatin of the two? I have heard/read conflicting information. The last thing I read stated that for the ultimate protection place property into a Trust and list the LLC as the beneficiary. I am trying to accomplish: 1) asset protection and 2) business tax advantages.


Asked on 2/26/05, 12:03 am

3 Answers from Attorneys

Re: LLC's or Trusts

The entity used to hold real estate in part depends upon the nature of the investment. For instance, for your home, nominee trusts are frequently used. Usually as part of an estate plan.

For straightforward investments LLC's are frequently used, although they may be held by trusts as part of an estate plan or an LLC may be used as a family partnership.

To give you proper advice, more information is required. Type of investment, what liability issues you have and information as to the specific tax issues and liability issues raised in your mind.

I would suggest you contact an attorney to discuss the matter in more detail. Please feel free to contact me without obligation.

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Answered on 2/26/05, 9:39 am
Joseph Murray Joseph M. Murray, Esq.

Re: LLC's or Trusts

More information is needed to determine what is best for your needs. Contact an attorney.

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Answered on 2/26/05, 12:14 pm

Re: LLC's or Trusts

Unfortunately, the answer to your question depends upon how the rest of your financial affairs are arranged, and the manner in which you intend to use the property. There is no "one size fits all" solution (or else everyone would be using it). The best advice is to review your real estate and business plan, and tax situation with a law firm that has a substantial real estate business practice.

Feel free to e-mail me with any follow on questions you may have.

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Answered on 2/27/05, 8:00 pm


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