Can I use a Land Trust instead of a Living Trust?

  • Anonymity would be a point in favor of the Land Trust. More control and direction after the death of the Grantor over the Trust would be the Living Trust’s strong point. Although, we could technically make the Living Trust anonymous if needed or wanted. 
  • The Land Trust can provide some of this, but a Living Trust is the more complex and robust tool for this. Yes, depending on how the Land Trust is structured (specifically the Beneficiary or the successor Beneficiary), the Land Trust would survive the Grantor. The Beneficiary would have the right to choose the Trustee at that point. They would additionally have the right to terminate the Land Trust if they wanted to do so.
  • The Living Trust is going to do all of the same things as the Land Trust (without the Living Trust being able to be terminated), but it will be able to direct the asset in a more detailed and controlled way.