I am looking to buy land this spring. Sleeping in a ford escort wagon is starting to wear me out. If I can buy some land I will primitive camp till I can build a shack. But on to the question. I don't want the land in my name or any relitives either. I am thinking about a trust. Do I need the trust established before I buy or just before I pay the final payment. I know everyone will say to see a lawyer but funds are short. This land will be owner financed. Or should I be looking at a llc to do this. Thank for any help.
1) Check your state laws. In some states, like mine, trusts are entirely private. In others, they must be recorded at the county courthouse. If trusts are not private, check for registration terms and fees.
2) Check your state's stance on
perpetuities. A
perpetuity is a trust that is allowed to continue forever, thus postponing indefinitely the actual transfer to the beneficiary(ies) the assets principal within the trust. This can be huge for deferring forever the transfer and inheritance taxes.
3) Trusts are a legal fiction. As such, they do not have all of the same rights under natural law that a natural person would have. This distinction is meaningless, unless you know and intend to press your natural rights against a legal system that has, at best, purposefully forgotten them, and at worst, is actively hostile toward them.
4) When you sign the purchase contract, in the line where you list the buyer, write in "Demented Guy, or assignee." This means that either you, or anyone to whom you assign your rights under the contract, may and must fulfill the contract. It is such a standard tool that the seller will be more surprised if you don't use it. You may also add a non-uniform covenant above the signature line stating that the buyer reserves the right to assign the contract.
5) On the signature line, sign, "by: Demented Guy." This is because you are signing on behalf of a legal fiction, be it your trust, or the legal fiction that the government has created for you as your proxy. In this wise, you clarify that you are undertaking the action in your capacity as a natural person.
6) Check your state's laws and practice book on litigation. In many states, a settlor/trustee may not represent the trust in court, meaning that you would have to hire an attorney to defend even the most frivolous lawsuits.