Land Trusts

A Florida land trust is a written legal agreement among different parties to manage, operate, and hold legal title to Florida real estate property. You, as the trustmaker, must appoint someone as a trustee to hold the legal title to a parcel of property for your benefit. Additionally, you are a land trust beneficiary. This means you control the use and sale of the property.

There are many legalities involved in a Florida land trust. Lopez Law Group can help you navigate the complex laws and regulations that can vary by jurisdiction. There are a variety of reasons why someone might want a land trust. This can include:

  • Protection from liens
  • Making contracts assignable
  • Privacy
  • Discouraging litigation
  • Protection from title claims
  • Making loans “Assumable”
  • Protection from HOA claims

Land trusts can be a powerful tool for the savvy real estate investor. They afford maximum privacy and protection. Our team of land trust specialists can assist you in the following areas:

  • Written land trust agreement
  • Preparation of a deed
  • Draft conservation easements
  • Explain tax implications
  • Advise on staffing and management issues
  • Guide responses to potential violations
  • Litigate in court for protected land

As legislatures revise statues and courts decide on precedent-setting cases, the legal framework for conservation is consistently shifting. You need a legal team like Lopez Law Group to walk you through the complex process of land trusts. Contact us today for a consultation and we’ll help you get started.

When to Hire A Land Trust Lawyer?

Land trust comes with a lot of legalese and you should be looking for a Florida land trust firm that also understands estate planning and probate to fully assist you. There are several instances you may encounter in which you may want to hire a land trust lawyer. These can include:

You wish to avoid probate.

Florida has one of the most lengthy and expensive probate processes in the country. A land trust will avoid probate. Contingent beneficiaries are listed in the trust document. A land trust lawyer can help you avoid the probate process by easing the transfer of ownership without court proceedings.

You seek to maximize your bargaining power.

Land trusts allow buyers to make a confidential offer to purchase a property. Confidential offers can help a buyer stay anonymous, save money, and maintain negotiating leverage. A land trust attorney can draft a trust agreement and put the land trust process in motion.

You wish to prevent litigation.

Real estate is one of your biggest assets. A land trust can shield you from asset searches, which decreases your chances of litigation. Even with a judgment, it cannot automatically be attached to your real estate. Collection attorneys will need to take steps post-judgment which means you may buy or sell even if there are judgments against you.

You wish to retain privacy and anonymity of ownership.

There is no public record of beneficiaries in a land trust. The title appears solely in the name of the trustee. There are no requirements to register the trust. It is only required the owner be disclosed at the time of sale. A land trust attorney can begin drafting a Deed in Trust to get the ball rolling.

You wish to avoid a lien.

Any judgments or liens against you do not automatically attach to your property. The means, with a land trust, you may be able to buy or sell real estate regardless of judgments against you.

If you are still not sure if a Florida land trust is right for you, or you have more questions, contact us today. We’d love to schedule a consultation and get to work on your land trust.

FAQs

Why do I need a land trust?

There are a variety of reasons why someone would want a land trust. This can include:

  • Maintain financial safety
  • Protection from title claims
  • Protection from liens
  • Privacy
  • Making contracts assignable
  • Discouraging litigation
  • Making loans “Assumable”
  • Protection from HOA claims

Why is a land trust better than an LLC?

While an LLC may provide liability protection for an owner, it will not afford them privacy. Any owner can be located at the Secretary of State website through their LLC, including the home address. And if they own several properties, all of those can be revealed too.