u/Passenger_Top_

So I've been operating my own single member LLC for the last 6 years or so. Turns out that without an adequate operating agreement relating to my trust, all this can go to probate upon my demise, despite me thinking that the trust was supposed to cover all that.

As it turns out, it is the membership interest within the LLC that is passed on rather than any of the assets themselves contained within it; and unless your trust is named explicitly as the member of record, you are basically leaving your family with a legal headache.

Are there others who are caught off guard by this one? Was the operating agreement issue raised up front by your estate planning attorney, or were you made aware of it through some other route?

Not legal advice, just sharing what I learned the hard way. Curious how others handled it.