I am planning on purchasing a property for cash and as method of asset protection, was thinking if I should hold the title in my mother’s name (who predomintaley lives overseas and almost 0% chance of anybody coming after her for any reason) and use Durable Power POA to handle the purchasing transcation and any future transacation. I may live in this house but not so sure at this point
Has anybody done of this sort before? Any issues with property taxes, getting insurance etc? Any input will be appreciated.
Have you considered using a land trust to hold title. If you need asset protection you could use an LLC. You could also fully encumber the property with a mortgage to your mother. Just remember to get a release or satisfaction of mortgage signed and hold without recording.
If you hold in your mothers name their may be issues with income taxes, property tax exemptions, and ownership of the insurance policy.
Now, knowing a little bit more about durable POA, seems like there is nothing that could be prevented using POA. The insurance could be in her name, using her SS # etc… Its a good idea for creating a mortgage encumbrance and requires more thought on my part.
As far a land trust, I have read and bought a book on it and seem to understand in principal, but it seems like a lot of title closing companies do not know much about it and using a LLC as a benificary makes it more difficult for them to understand. They are used to durable POA, though…