Estate Planning for Landlords and Real Estate Investors Keep Your Rentals Running and Your Family Out of Court
For families with a rental or two. The same flat-fee plan as any family, plus one small flat fee for each rental.
Find Out Where You Stand
Your first call is free, about 15 minutes, and happens by phone with Shawn.
Talk to a real person (770) 710-3422
“What happens to my rental properties when I die?”
Three moments your rentals have to get through
A rental keeps going when you can’t. The tenant still lives there. The mortgage is still due. Here is what happens in each moment when there is no plan.
Without a plan
- 1
If you can’t manage them
A stroke or dementia can take away the ability to sign. With no trust and no power of attorney, your family has to ask a probate court to appoint someone before anyone can sign for you on your rentals and money.
With your plan - 2
When you die
A written lease with time left on it usually stays in place, and rent is still owed. A month-to-month rental is less certain. The open question is who has the legal right to collect the rent. Your family can’t sell the rental until it is in their names at the end of probate. Once a court appoints an executor, that person can rent, lease or sell for the estate. A sale may need the court’s approval.
With your plan - 3
When your kids inherit together
When children inherit a rental together, any one of them can ask a court to divide or sell it. The others may get a chance to buy that child out first.
With your plan
None of this means you set things up wrong. Most people buy a rental long before they think about a plan.
Will putting a rental in a trust mess anything up?
| The worry | The answer |
|---|---|
| “Is it still mine?” | A rental in your revocable trust is still yours. You still collect the rent. While you are both living, you can sell it or change your mind. If you refinance, the lender may ask you to take the house out of the trust for the closing. Put it back afterward, or it is no longer covered by your plan. |
| “What about my mortgage?” | We have not seen a lender call a loan over this. But federal law does not promise that for a rental you don’t live in. Ask your lender in writing before the deed is recorded. Moving a mortgaged rental into an LLC has no federal protection, so ask about that too. |
| “What about my insurance?” | After the deed is recorded, call your insurance company. Tell them the rental is now owned by your trust, and ask them to add the trust to your policy in writing. Ask if that covers both damage to the house and injury claims. If the rental goes into an LLC, the LLC needs to be on the policy. That can mean a new policy, so call your insurer before that deed is recorded. |
| “What about taxes?” | When your children inherit a rental at your death, their tax starting point resets to its value on that day. A revocable living trust keeps that reset. Giving the house away while you are alive usually does not. |
How your plan handles each moment
With your plan
- 1
If you can’t manage them
The person you named steps in for the rentals in your trust. Your power of attorney covers what is still in your own name.
- 2
When you die
That same person takes over the rentals in your trust, with no court step. To get there, we pull each deed, Melissa reads it, and we prepare and record the new one.
- 3
When your kids inherit
Your trust says who manages the rentals, whether to keep them or sell, and who gets what. If one child works in the rentals, your trust can give that child the first right to buy, put them in charge, pay them for the work, or leave them a bigger share.
“Should every house get its own LLC?”
Do you need an LLC?
An LLC and a trust do two different jobs.
What an LLC is for
An LLC is built to keep a claim against the rental from reaching your savings just because you own the company.
It does not keep the rental out of probate.
What a trust is for
Once a Georgia rental is deeded into your trust, it stays out of probate, and the person you named can step in.
A revocable trust does not protect you from lawsuits.
So do you need one?
If you want that extra protection for your savings, yes. If you don’t, good insurance is fine. Just know this: if a lawsuit is bigger than your insurance coverage, it could reach your other assets. Even with an LLC, you are still responsible for your own carelessness, and for any loan you personally promised to pay. Many landlords also carry an umbrella policy. Ask your insurance agent if one makes sense for you.
One LLC, or one for every house?
Can I set up the LLC myself?
Do I need a Wyoming LLC?
I already have an LLC. Is that enough?
Want one? We set up a new LLC, or move the one you have into your trust and update its operating agreement, for $1,250. If the rental has a mortgage, get your lender’s answer in writing before the deed into the LLC is recorded.
How it works
We pull each deed, Melissa reads it, and we prepare and record the new one.
For property in another state, we coordinate with a lawyer there.
You’ll have drafts of your documents to review about 2 to 3 weeks after your Design Meeting.
You never come to an office.
You sign at home in front of a notary and two witnesses you line up.
A 15-Minute Call With Shawn
Tell us what is going on with your family. Shawn walks you through your options and what each one costs. Free.
The Design Meeting With Shawn and Melissa
In a 60-minute meeting, Shawn and Melissa review your assets, your family, and your goals together and confirm your price. This meeting is credited toward your plan if you move forward.
Review Every Document With Melissa
Before you sign, Melissa walks through every document with you in plain language. No legal jargon. No confusion about what you are signing.
Sign at Home
You sign at home, in front of a notary and witnesses you line up. Your signing instructions tell you who needs to be there. After you sign, you get a written checklist of what to do next.
Who you’ll work with
Melissa Breyer
Georgia Estate Planning Attorney
Melissa Breyer is a Georgia estate planning attorney who works exclusively on trust-based estate planning and LLC formation. She personally designs and drafts every plan at The Hive Law after the initial call. Every plan is built from scratch for your specific family, your specific assets, and your specific wishes.
You talk to Shawn first. Melissa is the attorney who designs and drafts your plan.
What Our Clients Say
127+ Five-Star Google Reviews
After my father passed away, my mother had to rely on my father’s employer to navigate the estate. It was a disaster. After this experience, I knew I needed a plan. I turned to The Hive Law to set up a trust. I no longer have to worry about my wife and children going through a difficult process if something happens to me. I highly recommend The Hive Law!
NicholasGoogle Review
My biggest fear was that if I died first, my wife would have no idea how to navigate the estate and legal system. I reached out to The Hive Law and they put my mind at ease immediately. Their process is easy to follow and they took care of everything. The Hive Law is the best decision I’ve made for my family’s future.
Tristen PursleyGoogle Review
Working with Melissa Breyer to set up our Living Trust was a wonderful experience. She and her entire team were knowledgeable, professional, and made the whole process easy to understand. I highly recommend The Hive Law for all your estate planning needs!
Sharon PalmerGoogle Review
The Probate Free Guarantee:
If an asset on your Funding Checkup list ends up in Georgia probate because of our error, we handle the legal work at no charge, up to $5,000 in total legal fees. It covers Georgia property only.
“What is the total for all of it?”
What it costs
$3,500
You start with the same package as any family. It is one flat fee.
- That covers your plan and your home.
- No hourly billing. Your Design Meeting is credited toward the total.
Then add only what you own
- $550for each rental in Georgia
- $1,250for each LLC, only if you want one
- $1,100per state, for property outside Georgia
Own many properties or several LLCs? Tell us on your free call and we’ll give you the total.
See everything that’s includedCommon questions
Talk to a real person(770) 710-3422
At The Hive Law, adding a rental or an LLC to your trust costs a flat fee for each one: $550 per Georgia rental and $1,250 per LLC. You know the total before you start.
If you die while you own a rental, a written lease with time left on it usually stays in place, and rent is still owed. A month-to-month rental is less certain. With a trust, the person you named takes over as landlord for the rentals in your trust, with no court step.
If you get dementia, the person you named in your trust runs the rentals the trust holds. Your power of attorney covers what is still in your own name.
A rental in your revocable trust is still yours. You still collect the rent. While you are both living, you can sell it or change your mind.
A new rental is not in your trust until its deed says so. If you buy one in your name alone and never move it into the trust, it would usually have to go through probate, even if you have a will. Tell us when you buy one, so a new deed can be prepared. Adding it costs the same flat fee as any Georgia rental: $550. If it has a mortgage, ask your lender in writing first.
More answers, by question
Find your question. Start with the first guide.
What Happens If I Do Nothing?
Start here: What Happens to My Rentals?
5 more guidesShow fewer on: What Happens If I Do Nothing?
What Does This Actually Cost?
Start here: What Does a Full Plan Cost?
5 more guidesShow fewer on: What Does This Actually Cost?
Is My Current Setup Good Enough?
Start here: Is an LLC Enough?
5 more guidesShow fewer on: Is My Current Setup Good Enough?
Which Approach Is Right for Me?
Start here: Do I Need an LLC or a Trust?
5 more guidesShow fewer on: Which Approach Is Right for Me?
How Do I Actually Set This Up?
Start here: What Does a Full Plan Include?
5 more guidesShow fewer on: How Do I Actually Set This Up?
Tell us what you own. We’ll tell you the price.
Your first call is free, about 15 minutes, and happens by phone with Shawn. If you move forward, your next step is the Design Meeting with Shawn and Melissa, which is credited toward your plan.
Your first call always gives a price. You’ll know your total and which parts you need. No pressure.