Aldeer.com Forums Alabama Deer Talk Aldeer General Forum Creating a Trust for undeveloped property?

I'm wanting to put a small acreage into a trust so that when I pass it will always be in the family barring some catastrophic need to sell it. Looking for input, especially from anyone who has done this.

Search for a good/recommended estate attorney and setup a meeting to review best options for what you want to see happen. I can't speak to your specific request but I do have a few trusts and have delt with two other trusts as an executer. Finding a very good estate atty is a critical first step. Some may offer a free consultation and you can meet a few before choosing. Maybe someone in their forties, so they will hopefully be around when the you die or when you decide to review/update.

Look up ladybird deed. Not all states have them. I have one for that exact purpose.

Yep . An Attorney that handles estates and trusts should be your first stop. I have an irrevocable trust that the law firm of Martinson and Beason in Huntsville prepared .

Alabama does not recognize Lady Bird Deeds.
While Alabama allows life estate deeds to avoid probate, Lady Bird Deeds (also known as enhanced life estate deeds) are not valid in Alabama. The key difference is that Lady Bird Deeds allow the grantor to retain full control—such as the right to sell, mortgage, or change beneficiaries—without consent from the remainder beneficiaries. Alabama’s life estate deeds do not provide this level of control.

Instead, Alabama offers alternatives like:

Joint tenancy with right of survivorship
Revocable living trusts
Traditional life estate deeds (with limited control over the property)
These alternatives can help avoid probate but do not offer the same flexibility as a Lady Bird Deed. For estate planning involving real estate in Alabama, consulting an experienced Alabama estate planning or elder law attorney is strongly recommended to choose the best tool for your situation.

Honsest question: why would you want to control an asset from beyond the grave? I feel like if you trust your heirs, just give it to them jointly, and if you don't, sell it or give it to someone else.

I 2nd Martinson & Beason on this

Perhaps you have a large piece of property and want it to stay in the family for their use and income for several generations. Trusts set parameters and set many protections into motion. Irrevocable trust can run up to 99 years in Alabama, BTW.

This!!

We have 400 acres of family land, my grandson is the 6th generation. It was very important to my grandad that it is passed on and not broken up. I do think we can be trusted to keep it in the family, but you never know what could happen in the future (spouses, in laws, law suits etc. etc.) there are 3 houses and 1 cabin on the property that isn't part of the trust and already transferred solely to 3 different family members to do with as they please.

Its narcissistic INFANTILIZATION, the reason for wanting control beyond the grave…dats all

I would consider dividing the property up, maybe? Here is the dilemma. The same value you place on 600 acres 3 houses, all the upkeep may not be the same as the next. Trying to find a good repairman to constantly keep all the minor fixes done on 3 houses is a chore. If the kids don't want that heachache sale them or divide it all before it falls down, especially in a good market.

Marlon, not sure you can do what you want. I think that your only chance is if you have 1 kid or grandkid that you trust will honor your wishes and just leave the property to them.

Imagine if that 400 acres became extremely valuable and no one living had a remote interest in keeping it.

Trying to prevent it from being sold/broken up makes no sense to me. What if everyone has careers that take them out of state? Just seems short sighted to place a tract of land in an encumbrance because we can’t predict the future.

I could see a situation like that where everyone abandons it and taxes don’t get paid and goes back to the state.

I love my family land, but forcing some generation I’ve never met keep it makes zero sense if you stop and think about it.

Kids (young adults) jump at the first shiny thing they see. Family land is not just about $, if you’re not in this situation you may not understand. A parent may move off and start a career in another state but their children might like to move back one day. If it’s sold or divided up, there might not be a place to come back to. Passing land down to heirs is hard in a lot of ways, but selling it is the short sided, narcissistic way to handle it, imo.

Some land is not meant to be sold imo, “value” doesn’t factor into it.

Trusts can be dissolved via courts. Some are a little more difficult than others and if minors are involved adds another element , but they can be "busted."

Here's THE thing. I didn't ask for a single opinion on why NOT to put my property in a trust. I didn't ask for advice on not allowing it to be divided. I could not give less of a shit what y'all do with your property. I appreciate the few who made valid attempts to answer my question.

If you want your kids to own it, then leave it to them in the will. If you want a trust to own it that allows your kids to use it, then leave it in a trust. Rem270 in a trust, it’s not theirs to keep. So you aren’t forcing them to do anything but follow the rules you set up before you pass if they want to use it.

Wiley you can do what you are talking about doing and it makes perfect sense to me.

One other thought to consider: If you are wanting this property to pass from generation to generation and not be a burden to someone who may not have the funds for upkeep/property taxes, you could create an account with the trust and and place funds into it that are only to be used for taxes/trust expenses/property maintenance.