Personal Finance & Money Asked by michael merkle on May 25, 2021
I’m disabled and considering structuring a mortgage assumption to buy a primary home in Texas. My strategy is to have the seller settle a living estate trust that will bi pass me and convey to my heirs at maturity (death of the settler or note payoff). Using a Close held C corp (I’m CEO with rights to convert all holdings to instant private trust reserved) and a secondary Private Club status (I’m President with full control and 51% deciding vote) to operate a Tenement building. (Room Rentals) Using a Shareholder Agreement to define the settler and buyer rules, rights, rents, abilities and responsibilities of; the Club, trustee’s, and beneficiaries. Having the settler assign me a Life Estate could trigger an acceleration by violating the terms of the original trust agreement against adding a name to title or assigning a right to a third party without permission. How can I have a life estate for myself, with rights to reside and rents defined in the grant without saying, Life Estate. Can we use, Right to reside of occupy to accomplish the same goal without using a legally defined word which will have the same effect? Is it the Effect that will trigger an acceleration or just the legal definition as outlined in the original note specifically, I need to avoid?
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