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Since a person has the right under federal law to transfer his real estate into a land trust without violating the due on sale clause and he can transfer his beneficial interest to a purchaser without recording anything, that person can sell his property subject to the mortgage without the bank finding out about the sale.
In today's society, a properly structured estate plan is more than just a plan to avoid probate. An estate plan is now used to preserve wealth while a person is alive, prevent lawsuits, provide privacy for the owners of the plan, reduce taxes and lastly to avoid probate.
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Anyone or any entity can be the beneficiary of the land trust, including persons, corporations, partnerships, limited partnerships, limited liability companies and other trusts such as a living trust.
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