There is no Federal Land Trust law, it is all state-by-state. Some states have laws that require the payment of transfer taxes if you transfer the beneficial interest in a Land Trust (i.e. Illinois and Florida). One way to continue to avoid the transfer tax in these states is to use an “entity” as the beneficiary to a Land Trust.
When an entity is named as a Beneficiary to a Land Trust, interests in the underlying entity can be transferred at will without the need to make changes in the Land Trust Beneficiary. This also by-passes the need to have the Trustee acknowledge the transfer (as is typically the case when a transfer of beneficial interest occurs).
This Land Trusts Made Simple Advanced technique can make for some EXTREMELY low profile property transfers!
Recent Land Trust Student Question: Deed to Trustee
I have a question about deeds. I was instructed by the law library in Sac County California that all that is required to deed a property from my name to the trust/trustee is a grant deed. In the course materials there is a deed to trustee, much more lengthy and involved. Is is sufficient to used the grant deed, or is it recommended to use one of the basic course forms instead to record with the county?
Mr. Land Trust Expert Response:
I would recommend using our form (deed to trustee) because the deed needs to have specific language in it to properly deed to a land trust.
Also, the deed is not the only thing you need to complete. You also need to complete the trust agreement prior to filing the deed.