Advantages and Disadvantages of Short Term Insurance Plans

Short term health care insurance policies are becoming more popular by the day due to its flexibility as well as affordability. Many low-income households have no choices other than opt for these short term insurance plans especially when long term plans are not affordable. Although these temporary plans have their own set of limitations, these drawbacks are shadowed by several advantages that are offered by these flexible packages that make them extremely attractive, especially for those who can only afford low income health insurances.

What exactly are the disadvantages of short term health care coverage? Well, for one, it is extremely easy to obtain as application processes do not consume time, you could probably obtain approval within a day of applying. This makes the application process simple, so many flock to health insurance companies get these packages. Another primary advantage is the low premiums, this would be especially attractive for those who can not afford comprehensive health insurance plans. Temporary health care insurance plans also work perfectly for travelers who require insurance in the country of travel during vacations or excursions, as well as people who are between jobs or freshmen out of college. The flexibility of these plans allows you to choose how long you want to be covered, and lets you determine how much you want to pay for your premium (would reflect on the amount of coverage that you receive).

Neverheless, these plans do come with their drawbacks as well. With these health care insurance packages, renewals are not guaranteed, then once your policy expires, you would have to re-apply and hope to obtain approval once again. This could prove to be a little troublesome, as durations of the policy are typically between 30 and 360 days only. Short term health coverage also does not include optical, dental nor medical check ups, so you might incur extra expenditure if you need medical attention on these.

As a conclusion, short term health insurance plans work well for those who are in a financial transition period, or needs insurance during traveling. If the limits of these plans do not deter you, then you would be happy with what temporary health care insurance plans can offer for your benefit.

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Know About the Consequences of Not Having Public Liability Insurance Coverage

Public liability insurance is an important insurance policy that protects your business during the time of adversities. Especially, if your business handles risky activities like construction, plumbing, etc., or if the public enters into your business premises like in retailing, then this insurance plan is a must have. Owing to the uncertainty of accidents and the huge costs of legal claims, your business may run into crisis if you are not properly guarded by the right insurance plan, i.e. public liability insurance.

This article gives you a little insight into the consequences your business might face, if you do not have public liability insurance coverage.

Financial burden: Depending on the damage or loss caused to the third-party, the amount claimed may vary. But the third parties generally sue the company for heavy amounts as small amounts do not matter for both company and the sufferers. These claims will add up to the company’s existing costs and become a financial burden to the company. Managing the finances between the company’s needs and legal claims is not wise as it halts the business operations.

Legal battles: Apart from the amount to be reimbursed, a company has to face legal battles which occur as a result of lawsuits filed against the business by the third parties. The legal costs and expenses are generally high. You need to deal legal authorities with utmost care. These legal battles are hectic. The time and effort required to fight these legal battles is also high. It diverts you from your core business. But if you have a public liability policy, the insurance company assists you and takes charge in fighting these legal battles till the case is closed, besides paying the legal expenses.

Chances of bankruptcy: Inability to pay the outstanding charges claimed by the third parties may lead the business to go bankrupt. Unless a business has outstanding capital, it cannot afford to pay these legal expenses. Moreover, you are needed to provide additional financial assistance in the form of medical aid as in case of accidents and repairing charges in case of property damage, besides paying the lump sum amount and the legal costs.

Investment at risk: In case your business is facing a third-party legal claim, and if you are in a position where you cannot pay the claimed amount instantly, then, the bank or the court gives permission to seize your various monetary investments or fixed assets such as land, furniture or machinery to cover the legal expenses and the claimed amount.

Lack of mental peace: With the all the above issues, you will surely lose mental peace. These legal claims not only eat away the business’ time and effort but in some cases may ruin the business’ existence. Legal claims should be dealt instantly; any delay will only aggravate the tension and loss.

A good business will always be prepared for the future crisis. Having a public liability insurance policy is a wise decision. It provides timely financial help to pay the claimed amount and the legal costs without putting the business at stake.

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Basketball Shooting Fundamentals – How to Shoot a Step Back Jump Shot

If you are a slow, un-athletic player you must adopt the step back jumper and add it to your arsenal of weapons. This is the future of basketball. This move is perfect for any player that is not quick enough to get to the cup and can provide a shooter with another way to score the basketball. The move is actually done more effectively against good defense. If the defense plays it correctly and the step back is unavailable the counter to this move will open up something with even more space to get off a shot or drive.

If you do not know what a step back jump shot is, I will explain it briefly. It is when a player uses the bounce to drive towards the hoop then instead of going straight up to shoot a jump shot he/she creates space between him/her and the defender by taking a step to the side then shoots the jumper. You might be asking, “Well, that doesn’t make sense. Why would the player take this extra step and isn’t that traveling?” The reason the player does not just shoot a regular one-dribble pull up is because the defense is there and has beaten the player to the spot. The player was not quick enough or did not use a good enough move to blow by therefore the only way for the player to get a shot off is to create space with this move. This is not traveling at all if done with the proper footwork.

This move is too difficult to explain its execution in just words so I suggest you search through YouTube for a demonstration if you have never seen it done before. When practicing or coaching this move there are certain things you must be persistent about:

– The “step-back” is actually a side-step. Never step back because you will not give yourself a lane to counter.

– Your last dribble before the move should be your hardest, and in the direction that you are stepping, and your body is then chasing the ball and meeting it to go up into your shot.

– Do not use your off arm to push off of the defense. Use your shoulder to make contact.

– Get into the defender with your body. Before you step back make sure you give him a bump so that he can’t contest your shot.

In the next article I post I will talk about the counter to the step back. This will prove to you this is by far the most unstoppable move if a player can master it.

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OUTLAWED: Six Home Insurance Deal Killers Florida Homeowners Should Be Aware Of

As affordable Home Insurance in Florida gets more difficult to attain, it is extremely important for home owners and future home owners to be fully informed before purchasing a new home or shopping for new home owners insurance.

If one of these SIX conditions exist in the home, "BUYER BEWARE" as insurance may be difficult and potentially impossible to bind.

1) Fuse Panel

A properly installed FUSE PANEL by itself is typically not a safety issue, although most insurance companies have banned this type of electrical service for all new policies written. There are a number of reasons, some of these are noted below.

The main safety issues from fuses come into play when a homeowner replaces a blown fuse with too large of a fuse (ie a blown 15 amp fuse replaced with a 30 amp fuse which is readily available on the utility room shelf). The circuit is designed to "blow" if a load greater than 15 amps passes through. Now the "trigger" is set at 30 amps. An extra 15 amps just might be enough for the wiring or other components to heat up enough to cause a fire or other serious injury or damage.

A typical fuse panel can be replaced with a circuit breaker panel for $ 750 to $ 2,000 depending on any other upgrades that may have to be made in the replacement. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

2) Knob and Tube Wiring

Knob and Tube Wiring (K & T) was used from the 1880's into the 1930's. This early method of electrical wiring did a great job for many years and is still used today in some select governmental and industrial applications. However this old rubber or cloth covered wiring that strings along on porcelain knobs has outlived its useful life and is no longer insurable or even legal in residential applications per the National Electrical Code.

An average size home re-wire can run from $ 8,000 to $ 20,000 depending on the unique layout and access to electrical components. Always get a minimum of THREE QUOTES from reputable Contractors before authorizing any work done.

3) Aluminum Branch Wiring

In Florida, Aluminum Wiring has been in the spot light since 2010 when tens of thousands of Florida home owners learned they could not get insurance if they have this common wiring that was used frequently between 1965 and 1973.

Aluminum wiring is known to "cold creep". The wiring expanss as it heats up and contracts as it cools down, this can cause the wire to come loose at the connection and this can cause an arc which can heat up fixtures and start fires. Aluminum also oxidizes over time which can contribute to this fire safety issue.

There are two options to get insurance if you have aluminum branch wiring. First, and most costly (but the one we highly recommend) is to completely rewire your branch wiring to copper. This can cost on average, $ 8,000 to $ 20,000 depending on how easily or difficult your electrical components are to access.

The second option is to use AlumiConn or CopAlum crimps that in essence crimp a copper "pig tail" to your aluminum wire so that the copper wiring is what is making the connection to your electrical fixture. This option, on average, costs between $ 1,500 and $ 3,000 depending on how many electrical fixtures there are in the home. We recommend staying away from this when possible as we fear that the ever changing insurance industry may indeed OUTLAW the crimp method as well. We also do not like the idea of ​​going from the average fixture having 3 connections to having 6 connections. The more connections the more chance of failure.

4) Less Than a 100 Amp Electrical Service

A more recent industry change in our "power consumption hungry world" is requiring homes to have 100 amps or more of service feeding the home. With the heavy consumption of electrical power the average homeowner uses, insurance companies appear to be fearful that smaller services can overheat when using typical high consumption appliances.

The cost to upgrade an electrical service can range depending on if the size of the electrical wiring can handle the increased electrical load. If it can not, the feeder line will also have to be replaced. As always, get at least 3 quotes from reputable electrical contractors.

5) Polybutylene Plumbing

This popular plumbing pipe was used heavily through the 1980's and into the early 1990's. It is usually "blue or gray colored", is flexible, and has caused flood damage in thousands of homes across the country. Up until recently a few insurance companies did not ask about the type of plumbing pipe so agents would place homeowners with those companies, however starting September 1, 2012 Citizens Insurance Company specifically outlawed Polybutylene Plumbing.

A typical re-plumbing cost can run from $ 4,000 to $ 10,000 depending on the ease of running the new pipe (in attics or under homes). We recommend using copper or CPVC piping as some insurance companies are also taking issue with PEX pipeline that has become very popular over the past decade. We'll cover more on PEX in a later article.

6) Roof with less than 3 Years of life

The final INSURANCE DEAL KILLER in today's article addresses your first line of defense in a wind or rain event, THE ROOF! If your roof has less than three years of useful life left on it you will likely be denied insurance coverage. In our hot Florida sunshine, an average three tab shingle roof will last between 10 and 15 years. An average dimensional shingle roof will last between 15 and 25 years. Other popular roofing options include tile and metal roofing. These options have significantly longer life expectancy of upwards of 50 years if installed and maintained properly.

A re-roof is normally calculated on a per square basis. A square is equal to 100 sq ft of shingle. In the Pensacola area that per square cost can run anywhere from $ 225 to $ 300 per square making the average 30 square roof cost between $ 6,750 and $ 9,000 depending on the quality of products used.

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10 Ways to Get a Shower on the Road

Hello travelers, people living out of a vehicle and other awesome folks, here are 10 Ways to Get a good Shower On The Road.

1) At a campground Campground showers vary from one place to the next. Some are excellent, some use solar power so you are out of luck if it’s after dark, and others are not heated at all. Water pressure is also a variable. Some have consistent water pressure while others will only get a weak stream when someone hops in the shower next to you or runs the sink. Campground showers can vary from deluxe with your own private changing room to just a primitive curtain or in rare instances, nothing at all. Some are well kept and impeccably clean and others you get to share with a few spiders and other mystery guests.

2) A community pool is another option. You may have to pay a few bucks to use the pool, but the showers are generally free. And hey, why not go swimming while you’re at it? They usually only accept cash and hours are limited.

3) Get a 5 gallon solar shower These are pretty cheap, usually less than $20 for a simple one, and can be quite useful when you’re roughing it. If you leave it in the sun for a few hours you’ll have a hot shower. If it’s not hot enough, a cup of near boiling water should do the trick. Just don’t burn yourself! If privacy is still a concern, for around $70 you can get a portable privacy shelter, such as the Texsport Deluxe Camp Shower/Shelter Combo. It works great for car camping.

4) The Solo 465 Stainless Steel Sprayer can be used as a medium pressure camp shower. Several people have commented they place it on a stove top burner and heat it up, then pressurize it and then it’s shower time. My friend tried this by pouring hot water into a 2 gallon plastic sprayer tank that he had and it made a great shower. It uses about 40 ounces per minute so that is a 6 minute shower using only two gallons. Another suggestion is to shower with Dawn Direct Foam soap instead of bar soap, then when it’s empty, you can refill it with your own scented soap and distilled water. The foaming soap lather won’t be affected by hard water. And it works for dishes too.

5) Get a day pass to a local fitness club. They usually run just $5 to $10, have really nice showers, and there is no excuse not to get a great workout while you’re at it!

6) Stop at a road house or large gas station such as Flying J, TA or Pilot, and other road trip stops with amenities for travelers and truckers alike. These tend to be some of the nicest showers you can get on the road as you get your own private bathroom with plenty of hot water and water pressure. Plus you get your own sink and toilet. Towels and soap are usually provided though you’re welcome to bring your own supplies. The cost is usually between $5 and $10 USD. If you’re traveling with your significant other, they’re usually willing to let you pay the one fee for a shared room. If you’re a little hard up for cash and feeling brave, you can also try asking a trucker if he or she has an extra shower coupon. Truckers often get free shower coupons when they buy gas and may have an extra to give away (or sell for a buck or two).

7) Visit a friend, relative or make a new acquaintance and ask to use their shower…sure, you might get a funny look, but what are friends for?

8) Try the “It Makes Sense Shower head.” You still need a water supply, but this device will help you save water. You can take a hot shower using very little water which is helpful when you’re on the road, so long as you don’t mind the chill in between the water spray. It has a chain to pull to adjust the flow of the water from a full spray to a trickle while you lather. It’s similar to a navy shower, and great for conserving water.

9) Zodi Hot Tap Single Burner Travel Shower runs off propane and 4 D batteries, so you can get a hot shower any time of day at the push of a button. It holds 4 gallons of water which is good for a 10 minute shower. Costs about $130

10) Hotels with swimming pools will sometimes let you use their pool for a small fee, and usually have public showers.

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Last Will And Testament Provision For Burial

A will or testament provides information about the transfer of property, ornaments or land, from the testator to his beneficiaries, after his death. Everyone, regardless of age, needs a will. Without a will people wouldn’t know to whom their assets would go. A will is a general term and is used as the instrument in a trust, while testament applies only to dispositions of personal property.

Besides mentioning, as to who would own the property, after the death of the testator, the last will and testament also provides details about, carrying out the burial of the testator. He appoints an executor, as his personal representative who takes over the responsibility of paying his left over debts, obligations as well as pays for his funeral expenses. However, the executor is not entitled to get any surety bond connected to the last testament.

A testator may mention in his last will, the name of a particular organization that would conduct the rites of his burial or transference. He may also put a clause, which specifies that, his body be sent without autopsy or embalming, to a funeral home designated by the organization. A copy of the last will is given to the funeral home by the organization, as it helps in preparing and facilitating the transportation of the body.

The last will and testament carries details about the testator’s wishes, including whether or not his body be enshrined or entombed at a chosen place after death. Since the rites of burial and transference can be very elaborate, detailed, thorough, and lengthy, the organization may incur an extensive cost to carry out the rites. In such a case, the testator can make pre-arrangements with the organization, by donating money that would assist them in carrying out his last wishes. The appointed executor is responsible to pay for the burial expenses in case the testator has not made such arrangements. The last will and testament provision for burial gives details of performing the final rites as per the wishes of the testator, soon after his death.

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Construction Site Management – Accessibility

Construction sites offer different challenges as far as accessibility is concerned. This follows the fact that there is a mass movement of men (labor) as well as material haulers. These range from pick up trucks to trailers. Depending on the items being moved, the weight is different and as such the capacity of the route to and from site should match these requirements. There will also be visitors in light personal vehicles, especially consultants and prospective property buyers in case of commercial projects or prospective tenants in case of residential or other rental spaces. The available or provided access should well cater for these requirements as far as is possible. The different site conditions include;

· Virgin sites: This reflects to a new site where no other construction activity has been done before. This means that there is no access to the specific point of construction. Where such route may be available, it may not be sufficient and may need improvement. This may include works like cutting down trees, cutting high sections and filling low ones, dumping murram or other appropriate material. It will also include compact, wetting and curing of the dumped material. Being a new and sometimes temporary route, it will need maintenance. Where such access is to pass through other people's property, appropriate permissions should be thought. The local authorities must also be informed and provided with plans like ways of averting problems like ecological disturbance. It is usually wise to have the access route for construction being also the permanent access to the permanent route for accessing the completed facility.

· Existing sites: These are sites that have already been built upon previously. They may have existing access. The only hurdle would be where such access is still in use by others, as it will create an inconvenience and delivery use may be regulated to low peak periods only. There could also arise the need to provide alternative routes for the existing users. A good example here is road maintenance or improvement works, wherey diversions are created and maintained in good order during the construction period. Appropriate arrangements should be made to minimize inconvenience as well as prevent accidents.

· Tight Sites: These are unique sites in the fact that they have minimal space for maneuverability. Examples here are found in town centers or institutions. Regulation here is very strict and as such stringent measures should be put in place to follow such regulations. These sites are very difficult to manage as far as accessibility is concerned. An example is where concrete is to be delivered on site already mixed (In premix trucks). This presents the headache of timing as well as preventing inconvenience to other users.

The provision of access to sites should be a well thought out activity. Maintenance should be in top priority. The design of such access roads should also cater for the traffic envisaged for the said project. Road signage and other such furniture should also be provided and well maintained.

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Factors That Affect the Price of an Airline Ticket

The wide range of prices encountered when shopping for an airline ticket, make this a daunting task. What factors affect the price?

  • Fuel cost has one of the greatest effects on tickets. As the price of crude rises, so do the airline's costs. Airlines that negotiate fuel acquisitions well into the future can avoid sudden spikes, and pass on savings to the customer.
  • A weak economy causes people to cut back on non-essential travel. This encourages airlines to give discounts to lure fliers back. Conversely, when business is good, and planes are filled to capacity, there is little incentive to offer low price airline tickets.
  • Airport fees are another part of ticket prices. Airlines using smaller airports save on fees.
  • Destination is a factor. Competition will greatly affect price. An airline that enjoys a virtual monopoly for a particular route can charge pretty much what they want. Those flying international routes have stiff competition from other countries, and have to keep prices in line with what they are offering.
  • Budget airlines can sometimes provide the cheapest airline tickets through a "no-frills" approach. This is most effective on short-haul domestic flights.
  • Timing plays a role. If departure time is nearby, and a flight still has a lot of empty seats, the airline may offer them at a substantial reduction. If flying on a particular day is not critical, it may worth holding out until the last minute.
  • Where the ticket is purchased can affect its cost. Travel agents get bargains from the carriers, but charge for their services. The internet produces some bargains, but be careful who you are dealing with. Occidentally the airlines' own websites have unadvertised discounts.
  • Plain, old-fashioned greed. Air travel is a market driven economy, and airlines will charge as much as they can get away with. Do not believe anyone. Do your own research.

When shopping for cheap flights, be aware of what you are actually comparing. One airline advertisements a flight to an Asian destination, as $ 800, while another gives a price of $ 1300. Reading the fine print shows that the "cheap fare" has another $ 700 in hidden fees and surcharges, meaning it is actually $ 200 more than the all-inclusive fare.

There are many factors that affect the cost of an airline ticket. How well the carrier manages these costs will determine their bottom line. Competition is the key, airlines that most want your business will offer the best deals. Careful shopping will help find the cheapest flights.

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Your Homeowners Insurance May Not Cover Woodpecker Damage

Meet Amy, City Girl that became a small town resident upon her marriage to George. The stark difference between living in the very center of urbanized civilization and township dwelling was somewhat of an adjustment for Amy. Sure she loved the sights and sounds of nature exposed: the lake, the trees, grass, flowers and the vibrant color of winged birds. Nonetheless, how she missed the hustle and bustle and – yes – even the noise of what she had always recognized as the center of commercial shopping, auto and bus traffic – honking included – and life as she had been bred to appreciate!

Though noise has always been the core of her existence, the incessant pecking on the side of her roof in small town America where she currently had set up residence did absolutely no good for her nerves. Five o’clock in the morning, you see was far too early for a woman of the world such as she to be rudely awoken from her slumbering state. And the fact that the pecking was coming from a fine feathered ‘friend’ known most commonly as the woodpecker did little to placate her uneasiness.

Then came the crunch that really threw Amy off. It appeared as the bothersome woodpecker had begun to incur damage on her lovely home! But nothing could appease Amy when she discovered that her standard homeowners insurance policy did not even cover the damages and losses she now suffered!

“You see, Ma’am,” explained the nice insurance agent, “insurance companies simply do not cover general home liability that has been wrought through negligence. In fact, they view woodpecker damage as something that could have been avoided through proper home maintenance.”

If only Amy had known! She most certainly would have confronted the little peril with a vengeance. Now it appeared that it was too late and she and her husband would have to bear the losses through out of the pocket expenditures.

They say life is a great teacher. Amy knows better than most.

“Learn from me,” says Amy, former city dweller. “Don’t let pests get the better of you or your home risks will!”

How does one tackle a woodpecker problem? There are a number of hands-on methods:

• Go out and purchase a tool that’s on the market in regard to woodpecker deterrence.

• Surround outside home spots that connect to the roof with wired fencing.

• Attach colorful tape below roof and around the roof’s gutters.

• Seal attic holes and house siding with caulk or other materials.

• Hire a pest eliminating firm to take care of the problem.

• Explore your own creative to tackle the nasty wood-pecking problem.

Ask Amy. She’ll tell you forearmed is indeed forewarned: speak to an independent insurance agent about your homeowners insurance policy to make sure it is tailored to your needs.

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Land Trusts in California

In California, general trust law is found in the Probate Code §§15000-19403. There is no specific land trust statute in California, unlike Illinois land trust law, (765 ILCS 405/410/415/420), Massachusetts business trust (MBT) law (M.G.L.c.182, §2), and Virginia land trust law (Va. Code Sec. 55-17.1).

So, land trusts created in California for California property are based on general trust law in the aforesaid California Probate Code. But an out-of-state land trust may be formed that would hold title through the trustee of a California property, to take advantage of more beneficial statute and case law of another state. Indeed, the Virginia Supreme Court in Air Power, Inc v. Thompson, 244 Va. 534, 422 S.E. 2nd 786 (1992), has confirmed that Va. Code Sec. 55-17.1 gives the trustee of a land trust both legal and equitable power of the real property, which protects the privacy of the beneficiaries.

Indeed, since California does not have a specific land trust statute, there is no legislative history nor developed case law on it in this state, only California general trust law and case law. But a general trust law may have some advantages over a specific land trust statute with more requirements. Indeed, Illinois land trust statute (75 ILCS 435) requires that holders of power of direction owe fiduciary duties to holders of beneficial interests. California general trust law does not have a similar requirement.

In any event, the avoidance of probate over a real property in a land trust trumps all difficulties in its creation.

I. California General Trust Law:

A. Creation Of Trust:

California Probate § 15000 states that “(t)his division (Division 9 of the Probate Code) shall be known and may be cited as the Trust Law.” And § 15001(a) states that “(e)xcept as otherwise provided by statute: This division applies to all trusts regardless of whether that were created before, on, or after July 1, 1987.”

Among other methods of creating trust, a trust may be created by: “(b) (a) transfer of property by the owner during the owner’s lifetime to another person as trustee,” under § 15200(b) of the California Probate Code. And “a trust is created only if there is trust property,” under § 15202 thereof.

“A trust may be created for any purpose that is not illegal or against public policy,” under § 15203 thereof. A land trust is not for an illegal purpose, nor is it against public policy in California, although it is not widely used in this state.

And “a trust, other than a charitable trust, is created only if there is a beneficiary,” under § 15205 thereof.

B. Trust Of Real Property And Personal Property:

So as not to violate the Statute of Frauds, which requires a written instrument to be enforceable, §15206 states that “a trust is relation to real property is not valid unless evidenced by one of the following methods: (b) By a written instrument conveying the trust properly signed by the settlor, or by the settlor’s agent if authorized in writing to do so.”

And under § 15207 (a) thereof, “(t)he existence and terms of an oral trust of personal property may be established only by clear and convincing evidence.” Under § 1528 thereof, “consideration is not required to create a trust….”

Lastly, “a trust created pursuant to this chapter (1, part 2, Division 9 of the Probate Code) which relates to real property may be recorded in the office of the county recorder in the county where all or a portion of the real property is located,” under § 15210 thereof.

II. Mechanics Of A Land Trust:

A. Advantages And Benefits:

(1.) Privacy:

One of the much-heralded advantages of a land trust is that a grant deed-in-trust of a trust property in the name of a different trustee (private or institutional) may be recorded with the County Recorder, but the land trust agreement that states the names of the truster/settlor/investor and the beneficiaries is not recorded.

Thus, the creator/grantor of the land trust: the trustor/settlor who invests in real property can keep his/her/its name, as well as the names of the beneficiaries out of the County Recorder’s and County Assessor’s books, and to a certain extent hide the investment from public view.

But a judgment creditor of a trustor/settlor or of a beneficiary can subject the latter to answer written interrogatories on his/her/its assets, or to debtor’s examination under oath in court to determine assets, and not merely rely on County Recorder and Assessor asset searches.

The land trust agreement may also use a name for the land trust different from the name of the trustor/settlor who created it. This is another asset protection benefit. And if the beneficiary thereof is also the same trustor/settlor, the latter may designate his/her living trust or wholly-owned limited liability company as the beneficiary to hopefully avoid gift tax issues.

(2.) Avoidance Of Probate:

Moreover, just like successor trustees may be designated in the land trust agreement, successor beneficiaries may also be selected to avoid disruptions in distribution of trust assets at termination of the trust, outside of probate proceedings.

A land trust may be created as revocable (terms of the agreement may be changed) or irrevocable (cannot be changed), but the latter requires the filing of separate tax returns and is taxed at a higher rate than the trustor/settlor’s individual tax rate, unless considered a simple trust in which all incomes created are taxed to beneficiaries. For federal income tax implications, if the grantor/trustor is also the beneficiary, the Internal Revenue Service (IRS) classifies it as a grantor trust that has tax consequences that flow directly to the trustor’s Form 1040 and state return.

(B.)Disadvantages And Pitfalls:

(1.) Separtate Agreement For Each Property:

In order to preserve the privacy of the investment or transaction and the asset protection benefits of the land trust, only one real estate property can be listed as held in it. Thus, a different land trust agreement is created for each property. This could be cumbersome, although the same trustor/settlor, trustee, and beneficiary can be named in each agreement.

(a) Simpler Alternatives:

Simpler alternatives are to purchase investment or rental properties through a limited partnership (LP) or a limited liability company (LLC), or transfer such properties to a more flexible living trust that does not require the filing of separate tax returns, or transfer the ownership interests of an LLC (not title of the property) to a living trust.

An LLC may also create a land trust by conveying title of a property to the trustee, and designate itself (LLC) as the beneficiary for privacy of ownership. Sometimes less is more; for indeed, creditors can see through and have recourse against avoidance of execution of judgment on properties through asset protection schemes. And transfers of ownerships of properties may result in tax assessments.

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