To link your Wyoming LLC to your Living Trust so they work together to avoid probate, you need three specific legal “links.”
Think of these as the bridge that connects your assets to your family.
1. The Membership Interest Assignment
This is the most important document. It is a simple, one-page private contract where you (the individual) transfer your ownership of the LLC to yourself (the Trustee of the Trust).
Key Wording to include:
”The Assignor [Your Name] hereby assigns, transfers, and conveys 100% of the Membership Interest in [LLC Name], a Wyoming Limited Liability Company, to [Your Name], as Trustee of the [Name of Trust] dated [Date Trust was Signed].”
2. The Operating Agreement (The Manual)
Since you want the Trust to “operate” or “own” the LLC, your Operating Agreement should list the Trust as the sole member, not you as an individual.
- The Signature Block: When you sign the Operating Agreement, you don’t sign as “John Doe.” You sign as “John Doe, Trustee of the John Doe Living Trust.”
- Succession Clause: Make sure the agreement says that if the Trustee is unable to act, the Successor Trustee named in the trust automatically has the authority to manage the LLC. This is the “magic trick” that keeps you out of probate court.
3. The Articles of Organization (Public Privacy)
When you file your LLC with the Wyoming Secretary of State, Wyoming is one of the few states that does not require you to list the owners (members) on public record.
- Pro Tip: Use your Registered Agent’s address for the LLC’s principal and mailing address. This ensures that when someone looks up your LLC, they see the Registered Agent, not your home address or the name of your private Trust.
Step-by-Step “Linking” Process
- Form the LLC: Use a Registered Agent in Wyoming to keep it private.
- Sign the Trust: Create your Living Trust document.
- Execute the Assignment: Sign the “Assignment of Membership Interest” (Step 1 above).
- Update the Bank/Brokerage: Tell your bank or stock broker: “My LLC owns these stocks, but my Trust now owns the LLC.” They may ask to see a “Certification of Trust” to prove it.
One Critical Warning
If your LLC owns Real Estate (like a house), simply signing the assignment isn’t enough. You must also record a new Deed at the county office showing the property is owned by the LLC (which is then owned by the trust). For Stocks, you just need to update the account ownership at your brokerage.
Would you like a template for the “Assignment of Interest” wording so you can copy and paste it into a document?