Land Trust

A Florida Land Trust is simple tool used by sophisticated investors to hold real estate or mortgages in Florida.    Some other states such as Illinois also recognize the land trust but our service deals exclusively with Florida Land Trusts.   A land trust is a form of Revocable Living Trust, which is specific to real estate.   Like all living trusts, the trustee is free to put property in or take it out as he/she desires.

NAMS does not provide legal advice.   If you have questions of a legal nature consult an attorney.

Why would you choose to put real property or a mortgage into a land trust?
The most common reason is because it provides anonymity.  It is difficult for an outsider to determine who owns a land trust because the deed is filed in the name of the trustee.    But there are many other potential benefits.   
  • It is transparent to federal taxes.  It neither incurs or is required to pay a tax on its own, the beneficiaries reporting the income and expenses on their returns.
  • It simplifies the transfer of ownership.   Beneficial interest in a land trust is considered to be personal property not real property.  To transfer the ownership from one person to another, it is not necessary to go through a traditional closing because the property remains in the hands of the trustee.
  • It can offer protection against partition.
  • It prevents the problems of one owner affecting the holdings of another.
  • It protects you from liabilities that may arise in one property affecting another.
  • A Land trust can be used to facilitate gifting of partial interest for estate planning.
  • It avoids probate, while this is useful to many it is especially useful if the owners reside out of state because it will eliminate the need for ancillary probate.
  • It is inexpensive to start and maintain.                            
How do you set it up? 
The property is deeded to the trustee.  Example: National Accounting & Management Services, Inc. as trustee of the 123 XYZ Street Land Trust.  The land trust spells out who are the beneficiaries, successor beneficiaries, and in some cases the successor trustees.     It is preferable to acquire the property into the land trust because the true owners name is never disclosed.   However it is also possible to deed the property into the land trust after you own it.  

Who owns the land trust ?
The Land Trust is owned by the Beneficiaries.   The property owner of record is however the trustee who has a fiduciary responsibility to act only as directed by the beneficiaries.

What makes NAMS a good choice to act as your corporate trustee?

Stability -  We have been in business over two decades.   We have a proven track record of being here when were needed.

Business Practices -  We have an office staffed every business day and phone calls are answered by real people.  Were not a virtual business.  We're real and we sit right across the desk helping you find solutions to your needs.

Experience - We have been setting up land trusts in Florida and acting as a corporate trustee for over 5 years. 


Land Trust Formation -   Draft your land trust, File the reqired IRS notifications, and act as trustee for one year...................................  $295.00  (All trust billing takes place July 1.  A new trust, trustee fee is paid for the balance of the first year and up to Jun 30 of the next year.)

Not sure you ready to go?
Consulting -Thirty Minute Consultation to help you decide if a land trust is for you.  We will share with you our knowledge and brainstorm to help you find how to use a land trust.   This consultation is on the workings of a land trust.   If you have questions of a legal nature or suitablility of a land trust to your specific needs, consult an attorney.
Up to 3 participants no extra charge.............................................   $100.00

The Land Trust Services offered by NAMS, are not intended to be and do not constitute legal advice. No attorney-client relationship is formed.   Our services are not the substitute for advice from a licensed attorney, seek one for answers to legal questions.   Our advice is considered to be accounting, tax, and business guidance from knowledge gained over our more than 20 years of business experience.

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