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Series LLCS for Real Estate Investors and Estate Planning

Series LLCs for Real Estate Investors are a critical component of asset protection legal services for real estate services.  Sean Robertson and Gateville Law Firm have an expertise in asset protection and series LLCs for real estate investors.  An overlooked area for real estate investors is coupling Series LLCs with estate planning tools such as Living Trusts and Irrevocable Trust planning.

Plaintiff’s attorneys and lawsuits are rampant and pose significant liability threats to real estate investors.  Often, real estate investors are concerned with growing their real estate portfolio and fail to adequately invest in their asset protection legal needs.  Asset protection is critical because one lawsuit can derail a lifetime of disciplined and sacrificed real estate investing.

WHAT IS A SERIES LLC?

A Series LLC is unique to Illinois and around nine (9) other states.  A Series LLC is a business entity where a real estate investor pays more for the first LLC or adds onto an existing LLC.  According to the Illinois Secretary of State, Illinois is among only a few states throughout the United States that permits the organization type of a limited liability company “series” or “cells” that have their own interests, liabilities, and members.  The filing form for a “Series” LLC in Illinois is LLC-5.5(S).  The Series LLC serves a couple of purposes.  The first problem a Series LLC solves is the cost factor.  Corporate and Real Estate Attorneys recommend that each real estate property have its’ own Limited Liability Company (“LLC”).  Previously, each property having its’ own LLC was costly because LLCs in the State of Illinois cost a minimum of $500.  Furthermore, each LLC required its’ own annual report.  The cost associated with maintaining an LLC per property was prohibitive and the requirement of an annual report per LLC property was significant.  The “series” LLCs enables a real estate investor to purchase an LLC part of the “series” for $50 per LLC.  Furthermore, the “Series” LLC only has one annual report due for the entire series.

SEGREGATING LIABILITIES

One of the benefits of “Series” LLCs is the ability to segregate risks of multiple property ownership.  For example, John Smith is a real estate investor which owns four (4) real estate investments throughout the Suburban Chicago area.  Unfortunately, many real estate investors own their real estate investments in their personal name or husband and wife’s names.  This causes significant concern because one lawsuit or judgment will jeopardize a couple’s entire real estate portfolio.  A judgment in John Smith’s name will automatically attach to any real estate properties, which are in his name.  This is a major problem because John Smith cannot sell his real estate investments without paying off the lien or judgment that has attached.

Moreover, this causes another problem, which is a lack of flexibility.  During the Great Recession, real estate investors strategically defaulted on their properties.  If you own multiple properties in your individual or family name, this limits your flexibility because one foreclosure lawsuit or judgment threatens your entire real estate portfolio.  During the Great Recession, I met a real estate investor and landlord that had upwards of twenty (20) rental properties.  Unfortunately, two of the real estate properties were upside down and caused him to lose his entire real estate portfolio.  The Series LLC is designed to counter this problem and segregate liabilities associated with one property to just that property.

LACK OF ESTATE PLANNING FOR FAMILIES

Another major problem is a lack of estate planning for families.  One will often see a landlord or real estate investor that owns multiple real estate investments without any estate planning.  Many of the real estate properties will have significant equity and the husband and wife fail to follow through on their estate and asset protection goals.

Sean Robertson and Gateville Law Firm concentrate in estate planning, asset protection, and real estate asset protection for real estate investors.  We know how to couple a combined strategy of estate planning, land trust planning, Series LLC asset protection, and real estate law combined together to benefit a husband and wife.  The ideal client is a couple that is middle-aged or older that wants to invest in their financial and legal future.  Sean Robertson and Gateville Law Firm provide value-oriented legal services and seeks to be your lifetime partner to assist you with protecting your hard-earned real estate investments and equity.

Unlike most real estate attorneys, Sean Robertson and Gateville Law Firm work closely with real estate investors on their real estate closing and eviction landlord services.  Gateville Law Firm has an affiliate website called “Landlord Evictions, LLC” which caters to landlords and residential and commercial landlords.  One lawsuit or liability threat can jeopardize you and your family’s financial future.  Often, couples make a mistake of having both of their names on the real estate title.  Sean Robertson and Gateville Law Firm understand how land trust, living trusts, powers of attorneys, and series LLCs combine to provide you and your family piece of mind and financial security.

PROVIDING PIECE OF MIND AND FINANCIAL SECURITY

In conclusion, Sean Robertson and Gateville Law Firm provide value oriented legal services for real estate investors and families.  Sean Robertson has over fifteen (15) years of experience as an asset protection and real estate attorney.  Most real estate attorneys do not understand estate planning and asset protection.  Most estate planning attorneys do not understand real estate law.  Sean Robertson is unique because he combines his real estate, estate planning, and asset protection law practice to assist real estate owners and investors with their estate planning and asset protection legal goals.  Let our team at Gateville Law Firm assist you with your real estate problems and concerns.  We can be reached at 630-780-1034 or via online contact form.

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Yorkville, Illinois 60560