Entrepreneurs can provide essential groundbreaking advancements for industry and society. Unfortunately, while being an entrepreneur can offer lucrative financial rewards and great satisfaction, it has its share of risks, as well. Not all of those who follow this path are happy with some of the side effects that go along with being a successful businessperson. They can put the entrepreneur at risk for lawsuits, both legitimate and frivolous.
Tech industry innovator Steve is just such an entrepreneur. Successful in his pursuits, Steve now has a large estate he wants to protect for his children. He is especially interested in safeguarding his $10 million-plus Silicon Valley home for his family.
The Right Irrevocable Dynasty Trust Brings Peace of Mind
Concerned about the potential for lawsuits in this litigious industry, Steve gets busy. On advice from counsel, he sets up an irrevocable dynasty trust for his wife, children and grandchildren using the Nevada more protective trust laws. Using his generous $12.06 million federal gift tax exemption, Steve transfers the title of his house to a single member LLC and then deposits the LLC interest into the trust. Then he rents the house from the LLC at fair value rent.
From just $107.88 $24.99 for Kiplinger Personal Finance
Be a smarter, better informed investor.
Sign up for Kiplinger’s Free Newsletters
Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.
Profit and prosper with the best of expert advice - straight to your e-mail.
This LLC/trust strategy removes the value of the home from his gross estate for estate planning purposes. And more importantly, he becomes a tenant (not an owner), so the home will not be at risk in case of an unforeseen lawsuit.
After doing this, Steve feels secure that his business can continue breaking new ground while protecting his existing estate from future misadventures.
What Happens When Lawsuits Crop Up
As time goes on, Steve’s company ends up having to recall a defective product, and lawsuits ensue.
While his business takes some hits, the significant equity in Steve’s personal residence is safe because he established a legal entity separate from himself and his business that could not be liable for the business’s legal claims. Litigants considered attacking the trust, but after determining that road would be expensive and uncertain, they decided against it. Steve was able to avoid the personal liability of the lawsuit with a very modest monetary settlement instead. So, his home was never at risk.
Are You a Candidate for the LLC/Trust Lease-Back?
If you reside in a state with a modest homestead exemption from judgment creditors and wish to protect the equity in your home from future lawsuit judgment creditors, you are likely a candidate for the LLC/Trust lease back strategy.
For example, California limits the protection of home equity to the greater of 50% of the medium value in your community up to a maximum of $600,000. There is no protection for equity in a second or vacation home.
To learn more, please view our video, Protecting the Equity in Your Residence.
-
Rally Fades on Mixed AI Revolution News: Stock Market TodayAll three main U.S. equity indexes opened higher but closed lower as a seven-session winning streak for the S&P 500 came to an end.
-
Stretch Your Holiday Shopping Budget Further with These Under-$50 Gifts That Don't Feel CheapAmazon October Prime Day is the perfect chance to nab some under-$50 gifts that feel more expensive than they are (because normally they would be).
-
The Spendthrift Trap: Here's One Way to Protect Your Legacy From an Irresponsible HeirA spendthrift clause in an estate plan can protect an inheritance from a financially irresponsible child's debts and poor decisions.
-
Adapting to AI's Evolving Landscape: A Survival Guide for BusinessesLike it or not, AI is here to stay, and opting out could be disastrous for your organization. Instead, focus on what you can control and be flexible, as AI is still evolving.
-
Striking Gold (or Gas): A Financial Pro Unpacks the Nuances of Energy InvestingInvesting in the energy industry, particularly oil and gas, involves understanding the facts about how projects generate returns through cash flow and long-term asset building, while also being aware of the risks.
-
Escaping the New Golden Handcuffs: A Financial Expert Has a Plan for Today's ExecutivesFeeling stuck in your job? It could be your complicated compensation package, but it also could be where you live, your family or even how you view yourself.
-
I'm a Financial Planner: Here's How to Invest Like the Wealthy, Even if You Don't Have MillionsPrivate market investments, once exclusive to the ultra-wealthy and institutions, have become more accessible to individual investors, thanks to regulatory changes and new investment structures.
-
Four Ways a Massive Emergency Fund Can Hurt You More Than It HelpsSaving too much could mean you're missing opportunities to put your money to work. Redirect some of that money toward paying off debt, building retirement funds, fulfilling a dream or investing in higher-growth options.
-
I'm a Financial Planner: How to Dodge a Retirement Danger You May Not Have Heard AboutTiming is everything, and sequence of returns risk can mean the difference between a retirement nest egg that's overflowing … or empty.
-
Caring for Aging Parents: An Expert Guide to Easing the Financial and Emotional StrainEarly conversations, financial planning and understanding the progression of care needs can help to mitigate stress and protect family relationships.
