Michigan Assignment of LLC Company Interest to Living Trust

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US-0576-WG
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Assignment of LLC Company Interest to Living Trust
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FAQ

By placing a business into a living trust -- a trust that is created for you and your family's benefit while you are alive -- you transfer legal ownership of your business to the trustee, which is usually a third party but can also be the business owner.

Single-member LLCs and grantor trusts are both entities that exist for state law purposes but are disregarded for federal income tax purposes. These entities are commonly known as disregarded entities or DREs.

Yes, an irrevocable trust can own an LLC. We generally advise this for clients as part of their estate planning process when they have active business interests to protect or want to pass onto their heirs.

If an LLC member's interest is held in a trust, then the administrator, sometimes called a "trustee," will vote and otherwise exercise the duties and rights of the LLC member. Transferring the membership interest to the trust could require an official transfer document, which is similar to a bill of sale.

The answer is yes. First, trust law permits trusteeswho are acting on behalf of trusts, including revocable truststo own any asset, or almost any asset, that an individual can own, and this includes an interest in an LLC, which qualifies as an asset.

Here is how you can transfer your LLC to your Trust:Draft and Execute the Transfer Document.Draft and File an Amendment to your Articles of Organization with the Arizona Corporation Commission.Amend the Operating Agreement.Have LLC Members Sign a Resolution Accepting Transfer.

The answer is yes, a trust can own an LLC, either as the sole owner or as one of many owners.

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Michigan Assignment of LLC Company Interest to Living Trust