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The Title Holding Trust or Land Trust is a device for acquiring, holding, managing and selling real estate.Although the legal and equitable title to the real property is conveyed to the Trustee, the Trustee can act only upon the written authorization and direction of the beneficiary.
What Is Trust Property? Trust property refers to assets that have been placed into a fiduciary relationship between a trustor and trustee for a designated beneficiary. Trust property may include any type of asset, including cash, securities, real estate, or life insurance policies.
Revocable living trust: When you have a living trust, the title of your real estate can be held in the name of the trustee of your trust. Usually, you will be your own trustee, so you keep full control of the property. You can buy, sell and refinance real estate just as you can when the property is not in your trust.
A land trust offers many advantages. Privacy of ownership and the possible avoidance of a probate are its two main advantages. In addition, a land trust can help protect against judgments and liens, prevent land partition, facilitate estate planning, and ease real estate title transfer.
A trust is generally not an entity that can hold title in its own name. Instead title is often vested in the trust- ee of the trust.
Land trusts can provide asset protection benefits by providing you with privacy of ownership for real property. Each piece of real estate can be placed into a separate land trust. If a lawsuit is associated with one piece of real estate, other properties titled to different trusts are not automatically encumbered.
Based on these rules, upon creation of a trust, title to trust property is split between the trustee and the beneficiaries. The trustee holds legal title to the property and the beneficiaries hold equitable title. Because the trustee holds legal title to the property, that property must be held in the trustee's name.
A trust is a legal relationship in which the legal title to property is entrusted to a person or legal entity with a fiduciary duty to hold and use it for another's benefit.A testamentary trust is created by a will and arises after the death of the settlor.