The Differences Between Owning Real Estate Through A Land Trust vs An LLC

People and businesses build and pass on wealth by investing in real estate. It’s a process that involves acquiring assets that generate income or increase value over time and then making timely decisions on how to manage those assets. Yet, this path can expose investors to unnecessary risks without the right legal structure. Understanding the legal mechanisms available can significantly mitigate these risks.

Can You Place a Homestead in a Land Trust in Florida?

One of the biggest questions surrounding Florida land trusts is whether or not you can put your own home in one. Land trusts provide an element of privacy and additional flexibility for those who are managing and transferring real estate. There are some who have questioned whether or not homesteads should be permitted inside of land trusts because of Florida’s homestead exemption.

Does Florida Allow Land Trusts?

The simple answer to whether or not Florida allows land trusts is yes, the state absolutely allows you to set up land trusts. Whether you’re an individual, a family, or a real estate investor, you have access to the many benefits of a Florida land trust. What’s important to understand is that some states don’t have specific laws or statutes addressing land trusts which can make the process more complicated.

Differences Between a Land Trust and a Living Trust

Estate planning can be a complicated subject, especially for people who own multiple properties and want to secure them all. Land trusts are not the same thing as living trusts. It’s important to understand the differences – because you can hold property in a living trust without fulfilling the same goals as a land trust.

Forming a Land Trust for Your Properties

As the real estate market continues to thrive, we want to make sure you’re prepared and aware of the options available to real estate investors looking to expand their portfolios in Florida. We’ve talked a lot about owning real estate in your own name vs. owning real estate through the formation of Limited Liability Companies (LLCs). Another tool to keep in mind is forming a Land Trust.