Land Trust Agreement

State:
Multi-State
Control #:
US-02093BG
Format:
Word; 
Rich Text
Instant download

Description

There are two basic instruments required to establish a land trust. One is a deed in trust conveying the real estate to a trustee. The other is a trust agreement defining the rights and duties of the trustee and the beneficiaries, which is mentioned in the deed of trust but is not recorded. The deed in trust should convey title to real property to a trustee and confer complete trust powers on the trustee so that the trustee can deal with third parties without reference to the trust agreement. Restrictions on the trustee's powers should be set forth in the trust agreement.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage the trust to the benefit of the equitable owners.

Land Trusts as Pass Through Entities This is because a revocable land trust is seen as a pass through entity by the IRS. Any income on the land trusts is treated as personal income and thus reported only on a personal tax return. As a pass through entity, a land trust doesn't lead to the grantor being taxed twice.

A trust is not itself a legal entity, but rather the trustee, as trustee of the trust is the legal entity.

Most trusts are named after the Trust Creators and also include the date the trust was created. Examples are John and Jane Smith Revocable Trust dated 1/1/20; or Smith Family Trust dated 1/1/20; or John W. Smith and Jane A. Smith Revocable Family Trust dated 1/1/20.

A land trust represents a type of revocable trust designed to hold real estate. While most trusts are used extensively in estate planning, land trusts have two different purposes. One purpose is to keep the identity of a real estate owner out of the public records by holding the land in a trustee's name.

Before you start with the documents, first you need to decide the name you are going to be using for your properties. Once you find a trusted friend or family member, you then see a land trust attorney who will draw up a contract that states what is happening and the rights of both parties, you and your land trust.

Real estate is the only asset of a land trust. As in all trusts, the property is conveyed to a trustee, and the beneficial interest belongs to the beneficiary.

A trust is an arrangement where property is held 'in trust' (by a trustee) for the benefb01t of others (the benefb01ciaries). There are two ways to hold property: in your own name or in a trust (which means the property is held 'in trust' and you control the trust).

Trust property refers to assets that have been placed into a fiduciary relationship between a trustor and trustee for a designated beneficiary. Trust property may include any type of asset, including cash, securities, real estate, or life insurance policies.

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Land Trust Agreement