Articles

Using Land Trusts in Colorado

Using land trusts in Colorado is very powerful for the savvy real estate investor. A land trust is a revocable, living trust used specifically for holding title to real estate. Each property is titled in a separate trust, affording maximum privacy and protection.  Also known as an “Illinois Land Trust”, the title-holding land trust is […]

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Colorado Land Trust Forms

Need land Colorado Land Trust Forms?  Land trusts are created by forms that are simple to, but quite different than living trust forms.  These forms are generic for Illinois and often sold as good for all 50 states. Attorney William Bronchick’s law firm, Bronchick & Associates, PC, can prepare Colorado land trusts forms you can […]

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How to Setup a Land Trust in Colorado

Want to setup a land trust in Colorado? This is a smart move because you can keep your ownership of real estate private by titling property in the name of a trust rather than an individual or LLC which is public record. A land trust is set up for each property, so that even if […]

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Land Trust versus Living Trust – What’s the Difference

Many people wonder what’s the differences are of a land trust versus living trust. A “living trust”, by definition, is a trust created while you are alive. Living trusts can be revocable (changeable or amendable) or irrevocable. When using a living, revocable trust for avoiding probate, this popular type of trust is often referred to […]

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LLC versus Land Trust for Holding Title to Colorado Property

This video by Attorney William Bronchick below explains how a rental property may be held in an LLC versus Land Trust Many people are confused about whether to hold title to property in an LLC or a land trust. This video explains which is better, an LLC versus a land trust for holding title. For […]

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Video on Colorado Land Trust Law

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Colorado Land Trust Attorneys

If you ask the typical attorney in Colorado, “What is a Land Trust?” or, “Are land trusts legal in Colorado?” you will get the long stare and a blank look.  This is because most attorneys in Colorado are not familiar with land trusts.  This is a good thing – in Illinois, where land trusts are […]

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Are Land Trusts Legal in Colorado?

Are land trusts legal in Colorado? If you are reading this because you are interested in Colorado conversation trusts, you found the wrong place.  But if you are interested in title holding real estate land trusts in Colorado, you’ve come to the right place. Land trusts, also known as “Illinois Land Trusts” are title holding […]

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Land Trust Prevents HOA Judgments

One of the dangers of owning a property in a subdivision or condominium building is that by simply taking title to the property you are agreeing to be personally liable for the HOA dues.  This means even if you walk away from the property, the HOA can sue you personally for the debt. Using a […]

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How to Form a Colorado LLC as Beneficiary of Land Trust

New website informs consumers how to form a Colorado LLC as beneficiary of trust. http://www.howtoformcoloradollc.com. Using an LLC as beneficiary of trust is a very powerful combination, affording anonymity and liability protection.

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Frequently Asked Questions

  • Are Land Trusts Legal in Colorado?
    • A land trust is a unique type of revocable, living trust created by a trust agreement. Colorado common law trust principles support the validity of land trusts, and no court in Colorado has expressly said the land trusts in particular are valid or not. Colorado does not have a land trust statute specifically authorizing land trusts, as is the case in Illinois, Florida and other states. The important factor that makes land trust usable in Colorado is that Colorado law permits a trust to take title to a property in its name, as opposed to taking title in the trustee's name, which has many obvious pitfalls. The key factor that makes land trusts usable in Colorado is that most title companies routinely accept land trusts in closings as buyer and seller and will insure title to a land trust.
  • What Does a Land Trust Cost to Setup and Run in Colorado?
    • A land trust has no filing fee or registration requirement, so there really is no cost per se in setting up or using a land trust. An attorney can set up trusts for you on a per property basis (example $395) or set up a template for you that you can use over and over.
  • What's the Difference Between a Living Trust and a Land Trust?
    • A "living trust", by definition, is a trust created while you are alive. Living trusts can be revocable (changeable or amendable) or irrevocable. When using a living, revocable trust for avoiding probate, this popular type of trust is often referred to as a "living trust". A living trust vests legal title in a trustee, equitable title remaining in the beneficiary. The trustee has broad powers to manage the trust property as he sees fit for the benefit of the beneficiary. A land trust is also a revocable, living trust, but it vests both equitable AND legal title in the trustee, leaving a "personal property" interest in the beneficiary. What does this mean? Basically that the beneficiary can transfer his interest in the trust like a shareholder in a corporation, without affecting title to the property. This makes transfers of ownership very simple, and not recorded on public records. In some states, this may avoid transfer tax normally due on the transfer of ownership of the property. Also, the trustee in a land trust is not authorized to anything except that which the beneficiary directs him to do (called a "power of direction", which is vested in the beneficiary). While similar, a land trust agreement is drafted dramatically different than a typical living trust.
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