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Wednesday, November 30, 2011

Using the LLC to Hold Vacation Homes

J. William Callison (Faegre & Benson, Denver), Nine Bean-Rows LLC: Using the Limited Liability Company to Hold Vacation Homes and Other Personal-Use Property, 38 Wm. Mitchell L. Rev. ___ (2012):

Limited liability companies, formed in states that allow LLC use for non-business activities, are a useful and desirable tool for holding family personal-use property, such as vacation homes. They should allow limited liability protections, protection from intermeddling creditors, and transaction structuring possibilities that are not available in property coownership form or which, if available, are more difficult to realize in a coownership arrangement than they are through use of an LLC operating agreement. When using an LLC to hold family property it is necessary to draft a customized and artful operating agreement that is sensitive to particular family dynamics and that allows use, control and financing of the property with a minimal amount of undesirable friction. My experience is that this is not an easy drafting task.

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Comments

I like the idea except for the annual $800 I would pay to the State of California for the LLC fee.

Posted by: Lee H | Nov 30, 2011 7:46:32 AM

$800? That is insane. Consider using an LLC from a state that doesn't charge. Then maybe put that LLC in a trust so you can avoid out-of-state probate.

Posted by: Matt | Nov 30, 2011 11:25:21 AM