Land Trusts in Florida / Edition 9

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Overview

Land trusts can be used as a way to ensure your privacy, a means of avoiding probate, and an easy way to manage property. Land Trusts in Florida is the only book on the market for the state of Florida that explains this all-around great tool in user-friendly detail. Among the essential information included are all of the forms necessary to set up a land trust and explanations of all of the pertinent Florida and federal cases.

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Product Details

  • ISBN-13: 9781402226731
  • Publisher: Sourcebooks, Incorporated
  • Publication date: 9/1/2009
  • Edition description: Book and CD
  • Edition number: 9
  • Pages: 222
  • Product dimensions: 8.40 (w) x 10.90 (h) x 0.70 (d)

Meet the Author

Mark Warda received his JD from the University of Illinois in Champaign. He has been a lawyer for over 25 years and has written or coauthored more than 70 self-help legal guides. He recently returned to actively practicing law in addition to continuing to write from his Florida home.
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Table of Contents

Using Self-Help Legal Books IX
Introduction XIII
Chapter 1 Land Trusts History 1
Chapter 2 Benefits of Using Land Trusts 5
Privacy
Avoiding Probate
Avoiding Ancillary Administration
Keeping Liens and Judgments off the Property
Avoiding Litigation
Ease of Control by Multiple Owners
Ease of Transferability of Interests
Ease of Changing Contingent Beneficiaries
Simplification of Making Gifts
Ease of Foreclosure
Safer Lease/Option Agreements
Keeping Assessments Lower
Keeping Sales Price Secret
Limiting Liability
Improving the Financial Statement
Ease of Negotiation
Avoiding Partition
Avoiding Personal Problems of Beneficiaries
Holding Judge's Property
Ease of Property Management
Saving Title Insurance Premiums
Avoiding Real Estate Brokerage Laws
Buying Foreclosures
Avoiding Seasoning Problems
Spouse's Forced Share
Chapter 3 How Land Trusts Work 19
Florida Requirements for a Land Trust
Different Florida Statutes
Validity of Land Trusts in Florida
Title to the Property
Owner of the Property
Third Parties
Merger
Trustee's Duties
Necessary Documentation
Necessary Parties
Optional Parties
Types of Property
Agency Law
Liability
Personal Property
Chapter 4 Setting Up a Land Trust 29
Buying Property into Trust
Putting Property into Trust
Putting a Mortgage into Trust
Choosing the Trustee
Naming the Trust
Preparing the Deed
Preparing the Trust
Preparing Trust Certificates
Preparing the Beneficiaries' Agreement
Due-on-Sale Clauses
Obtaining Insurance
Multiple Properties
Sale and Mortgage Back
Other Interests in Land
Out-of-State Property
Power of Direction
Foreign Beneficiaries
Notary
Form DR-219
Notice to the IRS
Chapter 5 Financing Property In a Land Trust 47
Mortgage of the Real Estate
Pledge of the Beneficial Interest
Chapter 6 Operating a Land Trust 51
Leasing the Premises
Amending the Trust
Changing Successor Beneficiaries
Death of a Beneficiary
Changing Trustees
Death of a Trustee
Governmental Liens
Terminating the Trust
Chapter 7 Litigation Involving Land Trusts 57
Parties to the Lawsuit
Identification of the Trustee
Joining the Trustee Individually
Evictions
Bankruptcy
Tort Actions
Creditor Actions
Chapter 8 Selling Land Trust Property 63
Deeding the Property
Trustee's Deed
Assigning the Beneficial Interest
Contract for Sale
Lease Option Agreements
Oral Agreements
Brokers' Commissions
RICO Lien Search
Tax Forms
Chapter 9 Federal Taxation Of Land Trusts 69
Tax Returns
Notice of Fiduciary Capacity
Beneficiary Status
Tax-Free Sale of Residence
Section 1031 Exchanges
Estate Taxes
FIRPTA
IRS Form W-9
Chapter 10 State Taxation of Land Trusts 75
Real Estate Taxes
Homestead Exemption
Intangible Personal Property Tax
Documentary Stamp Tax
Sales and Use Tax
Rental License Tax
Chapter 11 Securities Laws 81
What a Security Is
When a Security Exists
Avoiding Securities Problems
Exemptions from Securities Laws
Get an Opinion
Chapter 12 Florida Rico Act 87
RICO Liens
Foreign Beneficiaries
Chapter 13 Concerns For Trustees 89
Fiduciary Obligations
Liability
CERCLA
Corporate Trustees
Chapter 14 Drawbacks and Pitfalls of Land Trusts 95
Unfamiliarity in the Marketplace
Costs
Trustee
Homestead Exemptions
Glossary 99
Bibliography 107
Appendix A Index of Cases 111
Appendix B Statutes & Regulations 117
Appendix C Checklists 125
Appendix D Blank Forms 131
Index 185
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