QUESTION

I bought an Avocado Farm and don't know if a trust or a LLC will be the best way to secure the property.

Asked on Aug 06th, 2015 on Trusts and Estates - California
More details to this question:
I am a 72yrs old woman who recently purchase an Avocado Farm. I will like to know if registering the property under a Living trust is a good way to secure the profits and/or land for the future; or, will it be best to establish a LLC?
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2 ANSWERS

Estate Litigation Attorney serving Redlands, CA at Price Law Firm, APC
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An attorney should look at your entire assets in order to best determine whether you should create a trust. I would want to know whether you live at the avocado farm and what other property you own. If you reside at the avocado farm, an LLC may not be the best vehicle to own the property. If you do not resign at the avocado farm, an LLC probably would work to limit your liability. The best course of action is to consult with an attorney for a full consultation.
Answered on Aug 29th, 2015 at 2:33 PM

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Anybody with assets should have a living trust. You might ALSO want to have an LLC for your avocado farm.  LLC's, in California, cost a lot to set up (maybe $1,500-2,000) and a lot each year (maybe $1,000 a year) but they give you liability protection. What that means is if there is a significant liability causing event on the farm the farm and your non-LLC assets should be separated. Essentially the creditor could just go after the farm. Of course having good insurance coverage is required no matter what as that is the necessary first line of protection. There may be other benefits to an LLC for example keeping control of a family entity for future generations. I would definitely talk to an experienced estate planning attorney to see what is best for your exact situation.  -John
Answered on Aug 11th, 2015 at 7:00 AM

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