Land Trusts in California

Throughout California, general trust law is found in the Probate Codes §§15000-19403. There is no specific land trust statute in The state of california, unlike Illinois land trust law, (765 ILCS 405/410/415/420), Massachusetts business trust (MBT) law (M. G. M. c. 182, §2), and Virginia land trust rules (Va. Code Sec. 55-17. 1).

So , land société created in California for California property are based on standard trust law in the aforesaid California Probate Code. But an out-of-state land trust may be formed that would hold concept through the trustee of a California property, to take advantage of more worthwhile statute and case law of another state. Indeed, the very Virginia Supreme Court in Air Power, Inc sixth v. Thompson, 244 Va. 534, 422 S. E. extra 786 (1992), has confirmed that Va. Code Sec. 55-17. 1 gives the trustee of a land trust both equally legal and equitable power of the real property, which defends the privacy of the beneficiaries.

Indeed, since California has no specific land trust statute, there is no legislative history not developed case law on it in this state, only Ohio general trust law and case law. But a general believe law may have some advantages over a specific land trust statute with more requirements. Indeed, Illinois land trust arrêté (75 ILCS 435) requires that holders of power of direction owe fiduciary duties to holders of favorable interests. California general trust law does not have a similar prerequisite.

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I. California General Trust Law:

A. Creation Involving Trust:

California Probate § 15000 states that “(t)his division (Division 9 of the Probate Code) shall be acknowledged and may be cited as the Trust Law. ” As well as § 15001(a) states that “(e)xcept as otherwise offered by statute: This division applies to all trusts regardless of whether which are created before, on, or after July 1, 1987. alone

Among other methods of creating trust, a trust may very well be created by: “(b) (a) transfer of property by the user during the owner’s lifetime to another person as trustee, ” under § 15200(b) of the California Probate Code. And also “a trust is created only if there is trust property, inch under § 15202 thereof.

“A trust may be for any purpose that is not illegal or against public insurance policy, ” under § 15203 thereof. A land believe in is not for an illegal purpose, nor is it against open public policy in California, although it is not widely used in this state.

Along with “a trust, other than a charitable trust, is created provided that there is a beneficiary, ” under § 15205 thereof.

Udemærket. Trust Of Real Property And Personal Property:

So as not to ever violate the Statute of Frauds, which requires a published instrument to be enforceable, §15206 states that “a rely on is relation to real property is not valid unless signaled by one of the following methods: (b) By a written musical instrument conveying the trust properly signed by the settlor, and also by the settlor’s agent if authorized in writing to do so. inches

And under § 15207 (a) thereof, “(t)he living and terms of an oral trust of personal property may well be established only by clear and convincing evidence. very well Under § 1528 thereof, “consideration is not required to make a trust…. “

Lastly, “a trust created pursuant to this particular chapter (1, part 2, Division 9 of the Probate Code) which relates to real property may be recorded on the job of the county recorder in the county where all or a percentage of the real property is located, ” under § 15210 thereof.

II. Mechanics Of A Land Trust:

A. Strengths And Benefits:

(1. ) Privacy:

One of the much-heralded advantages of a good land trust is that a grant deed-in-trust of a have confidence in property in the name of a different trustee (private or possibly institutional) may be recorded with the County Recorder, but the get trust agreement that states the names of the truster/settlor/investor plus the beneficiaries is not recorded.

Thus, the creator/grantor of the stretch of land trust: the trustor/settlor who invests in real property is able to keep his/her/its name, as well as the names of the beneficiaries out of the Local Recorder’s and County Assessor’s books, and to a certain magnitude hide the investment from public view.

But some judgment creditor of a trustor/settlor or of a beneficiary could subject the latter to answer written interrogatories on his/her/its assets, or to debtor’s examination under oath in court docket to determine assets, and not merely rely on County Recorder along with Assessor asset searches.

The land trust agreement can also use a name for the land trust different from the name of the trustor/settlor who created it. This is another asset protection gain. And if the beneficiary thereof is also the same trustor/settlor, the main latter may designate his/her living trust or wholly-owned limited liability company as the beneficiary to hopefully avoid gift taxation issues.