Safely Transferring Real Estate Between LLCs and Trusts—Advanced Legal Strategies

Jennifer Scharre | Coblentz Patch Duffy & Bass LLP

Jennifer Scharre is a Certified Specialist in Estate Planning, Trust and Probate Law by the California Board of Legal Specialization. Jennifer’s practice focuses on sophisticated wealth transfer strategies for high-net-worth clients, including founders, individuals at startups, and clients with large real estate portfolios. Jennifer’s prior practice at a boutique trusts and estates firm makes her uniquely equipped to solve both the legal and tax issues that families face as well as the practical issues of family dynamics, succession planning, and wealth preservation.

Her estate planning practice includes working with clients to develop and execute their legacy goals including drafting estate planning and entity documents. She also represents fiduciaries and beneficiaries in all aspects of trust and estate administration including preparation of trust accounting and estate and gift tax returns. Jennifer also provides advice on property tax issues for clients with large real estate portfolios and provides strategies to limit reassessment.

Jennifer is a prolific speaker and provides informative presentations regarding estate planning, charitable giving, and special needs issues to professional organizations and her local community. She has been a Lecturer at both Santa Clara School of Law and UCSC Extension.

She serves on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association and on the Board of Trustees of the Silicon Valley Bar Association (SVBA), where she is also Treasurer. She previously served as Executive Committee Chair and Education Co-Chair of the SVBA. Jennifer is a member of the Estate Planning, Trust and Probate Section of the State Bar of California.

Peter Kogan | Reed Smith LLP

Peter represents clients in all major aspects of transactional real estate law, including property acquisition and disposition, land use and development, leasing, portfolio leasing and subleasing, real estate finance and real estate brokerage matters. His clients have included large global retailers, professional sports franchises, hotel and restaurant developers, major industrial and manufacturing businesses, software and information technology companies, entities engaged in commercial transportation and waste disposal, and owners of retail and other properties.

Peter focuses his practice on complex transactions involving the multi-purpose development and redevelopment of largescale properties in Pennsylvania, which frequently include extensive and innovative arrangements with public and quasi-public agencies for the use of former industrial, commercial and institutional sites. In connection with such transactions, Peter has assisted clients in securing public-private financing and entering into partnership and development agreements governing the use and development of Brownfield and “grayfield” sites. Another focus of Peter’s practice is representing professional sports franchises throughout the United States in negotiations with public and private landowners for the development, lease and funding for stadiums and arenas.

Peter also has extensive experience in representing publicly held and privately owned businesses in complex mergers and acquisitions and related financing practices, as well as related securities compliance matters. He has lectured extensively on issues of real estate law and commercial development in Western Pennsylvania.

Session I – Safe and Strategic Real Estate Transfers with LLCs and Trusts | 1:00pm – 2:00pm

• When and why to use LLCs or trusts for real estate
• How to properly transfer property titles
• Common legal and compliance traps
• Handling property valuation issues
• Protecting clients from legal challenges
• Planning for long-term ownership and transfers

Break | 2:00pm – 2:10pm

Session II – Securing the Deal: Legal Mastery of Title Transfers and Transactional Integrity | 2:10pm – 3:10pm

• Real estate title transfers
  • Comprehensive understanding of property title and legal ownership
  • Distinction between various types of ownership interests, including sole ownership, joint tenancy, and tenancy in common
• Legal considerations for transferring real estate title
  • Key legal documents: Deeds (general warranty, special warranty, quitclaim) and their implications
  • Essential procedural steps: Title searches, clearance of encumbrances, and role of notaries and witnesses
  • Regulatory frameworks impacting real estate title transfers in complex transactions
• Risk management in title transfers
  • Addressing potential title defects, liens, and boundary disputes
  • Effective title insurance strategies to mitigate transactional risks
  • Securing ownership interests in corporate and commercial real estate transfers
• Tax and regulatory implications
  • Tax considerations including transfer taxes, capital gains, and gift tax considerations in high-value transfers
  • Structuring transfers in corporate, partnership, and trust transactions for tax efficiency
  • Navigating tax implications in commercial real estate, including property depreciation and 1031 exchanges
• Fraud prevention and title security
  • Advanced measures to prevent title fraud, including digital recordation and blockchain solutions in title management
  • Legal and procedural safeguards for high-value transactions and complex property interests