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Structuring LLCs to Hold Rental Real Estate: Entity Formation, Asset Protection, Tax Strategy, and Litigation Risk (2026 Edition)

Master LLC structuring for rental real estate, execute 1031 exchanges with precision, and shield client assets using proven entity formation, tax deferral, and compliance strategies.
Register for this program
JOIN PROGRAM

2026-05-15 14:00:00

2 hours

Nathan G. Osborn

Montgomery Little & Soran, PC

Robert H.D. Genders

Genders Law & Legacy PLLC

View speakers

Program Details

2026-05-15 14:00:00

2026-05-15 14:00:00

2h CLE Credits

2026-05-15 14:00:00

2 hours

See credits by state

Nathan G. Osborn

Montgomery Little & Soran, PC

Robert H.D. Genders

Genders Law & Legacy PLLC

View speakers

Program Details

2026-05-15 14:00:00

Program Details

2026-05-15 14:00:00

Over 1,000+ webinars

2026-05-15 14:00:00

2 hours

Course Overview

When Asset Protection and the §1031 Exchange Pull Apart

2026-05-15 14:00:00

Investors now drive a record 30% of single-family home purchases, and the entities they form to hold that real estate carry consequences most counsel underestimate until a claim lands. Premises-liability verdicts above $10 million rose 52% in 2024, while the same-taxpayer continuity that IRC §1031 demands means the structure built to insulate a landlord can quietly disqualify the deferral 62% of these buyers are counting on. Attorneys drafting operating agreements, advising on title vesting, or coordinating exchanges are already exposed — single-member elections that collapse charging-order protection, Series LLCs that lenders reject across the 24-plus states now authorizing them, and foreign-qualification gaps that surface mid-transaction. This program maps entity selection across LLCs, partnerships, S corps, and trusts, then runs the 45-day and 180-day clocks through delayed, reverse, and build-to-suit exchanges. Attendees leave able to form a holding structure that withstands litigation and preserves the exchange — and to catch the formation error before it forecloses either.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Entity selection
LLCs vs. partnerships, S corps, and trusts for rental holdings.
02
LLC membership
Single-member vs. multi-member LLCs.
03
Series LLCs
Jurisdictional limits, creditor risks, and lender resistance.
04
State selection
State selection, registration, and foreign qualification issues.
05
1031 exchanges
Legal foundations, history, tax deferral, and strategic planning.
06
Advanced structures
Delayed, reverse, and build-to-suit transactions.

Program schedule

clock 2:00 pm - 3:00 pm EST

Entity Selection & Formation for Rental Properties: Getting the Structure Right at the Start

Explore when rental property should be held in an LLC, how client goals shape entity choice, and what formation mistakes create long-term exposure, covering single-member versus multi-member LLCs, Series LLCs, state selection, and financing alignment.

Nathan G. OsbornNathan G. Osborn
Robert H.D. GendersRobert H.D. Genders
clock 3:10 pm - 4:10 pm EST

The Fiduciary Bridge: Merging 1031 Exchange & LLC Velocity with Blockchain Integrity

Explore IRC §1031 foundations, history, and tax deferral; advanced delayed, reverse, and build-to-suit exchange structures; the 45-day and 180-day rules; and a patent-pending verification framework ensuring legacy assets remain legal, liquid, and optimized.

Nathan G. OsbornNathan G. Osborn
Robert H.D. GendersRobert H.D. Genders
Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Robert H.D. Genders

Robert H.D. Genders

Genders Law & Legacy PLLC

Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn is an Equity Shareholder at Montgomery Little & Soran, PC, where he has built a distinguished practice at the intersection of real estate litigation, real estate transactions, and commercial litigation. Licensed to practice in both Colorado and Nebraska, Mr. Osborn brings a rare dual strength to his work: a seasoned trial attorney who has tried 65 cases, paired with the deep transactional expertise of a full-service corporate counsel. This combined perspective allows him to guide transactional clients around pitfalls that commonly lead to courtroom disputes, while bringing practical, transaction-informed insight to the cases he litigates. Beyond his client work, he is regularly retained as an expert witness in matters involving real estate issues, attorney fees, and trial-related questions.

Education & Credentials

Mr. Osborn earned his Juris Doctor with Distinction in 2007, following a Bachelor of Arts from Texas Christian University in 2003. He is admitted to practice in both Colorado and Nebraska, giving him a cross-jurisdictional platform from which to serve clients throughout the Rocky Mountain and Great Plains regions.

Recognition & Leadership

Mr. Osborn's work has earned consistent recognition from the most respected evaluators in the legal profession. He received the AV Preeminent® rating from Martindale-Hubbell in 2014 — the highest possible rating for legal ability and ethical standards — and has maintained that distinction every year since. He was named a Super Lawyers Rising Star from 2018 through 2021 and has been recognized as a Colorado Super Lawyer in 2023, 2024, and 2025. He has also been honored as a Distinguished Faculty Member by the National Business Institute.

Professional Involvement

A nationally sought-after speaker, Mr. Osborn has delivered well over one hundred continuing legal education programs for organizations including the National Business Institute, the Colorado Bar Association, myLawCLE, WealthCounsel, Halfmoon Education, and the Colorado Real Estate Symposium. His speaking portfolio spans the full breadth of real estate practice, from title insurance, easements, and boundary law to LLC formation, operating agreements, closings, land use, and legal ethics, as well as emerging topics such as the role of generative AI in real estate. He is a recurring presenter at the Colorado Bar Association's Business, Tax, Probate, and Real Estate Luncheon, where he has delivered the annual Real Estate Case Law Update on multiple occasions. As a published author, his work has appeared in The Colorado Lawyer, Probate & Property Magazine (published by the American Bar Association), the Colorado Bar Association Real Estate Law Newsletter, and the Colorado Cattlemen's Association Newsletter, with articles addressing topics such as the use of LLCs to purchase and own rental property, recent Colorado real estate case law, implied easements, and prescriptive easements. In his community, he volunteers as a youth basketball coach.

Experience

Before joining Montgomery Little & Soran, Mr. Osborn served as a Deputy District Attorney in El Paso County, Colorado — foundational trial experience that continues to shape his courtroom approach today. Over the course of his career, he has tried 65 cases across a wide spectrum of real estate and commercial matters, including mineral interest disputes, title insurance contract litigation, lender fraud defense, homeowners' association access disputes, fraudulent conveyance actions, construction defect litigation, judicial foreclosure, boundary and easement disputes, defamation defense, arbitrations involving business misappropriation, and defense of professionals against license complaints. His practice focuses on matters involving real estate title and access disputes, title insurance, boundary and partnership disputes, landlord-tenant matters and leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, operating agreements, real covenants, partitions, zoning compliance, private and inverse condemnation, treasurer's deeds, vacation rental licensing, bad faith claims against title insurance companies, attorney fee disputes, defamation, and professional licensing defense. He serves a diverse client base that includes title insurance underwriters and agents; commercial and residential landlords and tenants; real estate agents, brokers, and brokerages; real estate developers; and medical professionals such as doctors, dentists and orthodontists, rehabilitation facilities, and physical therapy practices — for many of whom he acts as full-service corporate counsel.
Robert H.D. Genders

Robert H.D. Genders

Genders Law & Legacy PLLC

Robert H.D. Genders, Esq., is the architect of Investment Counsel Exchange, a premier, attorney-led platform dedicated to the high-integrity execution of §1031 exchanges. With over 25 years of mastery across real estate law, 1031 sequencing, title operations, and strategic investment consulting, Mr. Genders provides an elite, multi-dimensional perspective on the evolving landscape of tax-deferred wealth. His work focuses on bridging the gap between traditional transactional infrastructure and modern, audit-ready compliance standards.

Education & Credentials

Mr. Genders has been licensed to practice law in Washington, D.C. since 2002. His legal practice is conducted exclusively through Genders Law & Legacy PLLC, a Washington, D.C.–licensed federal law firm, and is limited to federal matters. He is an approved continuing legal education and continuing education provider with the American Bar Association, the Federal Bar Association, the Florida Bar, and the Florida Department of Business and Professional Regulation (DBPR) — a multi-jurisdictional educator credential that reflects both the breadth of his subject-matter expertise and the trust placed in him by leading regulatory and professional bodies.

Recognition & Leadership

As the founder of Investment Counsel Exchange, Mr. Genders leads a national qualified intermediary platform built around disciplined workflows, institutional safeguards, and experienced coordination for both straightforward and highly complex transactions across jurisdictions. He is widely recognized within the industry for his ability to train and collaborate with a diverse professional audience — including financial professionals, investors, attorneys, CPAs, title agencies, developers, and national underwriters — and for his forward-looking work integrating next-generation settlement technology, investor tools, and modernized exchange architecture into the 1031 process. His platform is also positioned at the forefront of digital-asset and tokenized real-estate workflow licensing, an emerging frontier in real estate investment.

Professional Involvement

Mr. Genders is an active and sought-after educator and speaker on 1031 exchanges, DSTs, qualified intermediary best practices, fiduciary and settlement-process considerations, and multi-jurisdictional investment strategy. His approved status as a CLE/CE provider with the American Bar Association, the Federal Bar Association, the Florida Bar, and the Florida DBPR gives him a national platform for delivering substantive training to attorneys, CPAs, title professionals, and financial advisors. He maintains and curates a vetted professional network — spanning certified tax advisors, financial wealth advisors, real estate brokers and agents, and jurisdiction-specific attorneys — enabling clients to connect with the right specialists for needs that fall outside ICE's educational and qualified intermediary services. Speaking engagements and educational inquiries are welcomed through Investment Counsel Exchange.

Experience

Over the course of a 25-plus-year career, Mr. Genders has built experience across national 1031 exchange platforms, multi-state real estate operations, digital-asset workflow development, and the design of investor-focused educational programs. His prior roles as an in-house corporate attorney, national exchange attorney, and title agency owner give him unusual fluency in both the legal and operational dimensions of real estate and tax-deferred transactions — from the drafting table to the closing table, and from day-to-day title workflow to cross-jurisdictional exchange coordination. Today, through Investment Counsel Exchange, he leads a practice focused on complex 1031 exchange workflows and qualified intermediary services, Delaware Statutory Trust (DST) education and coordination, multijurisdictional investment considerations, fiduciary and settlement-process insights, digital-asset and tokenized real estate workflow licensing, and qualified intermediary best practices and compliance awareness. Through Genders Law & Legacy PLLC, he separately provides federal legal services from Washington, D.C. Together, these complementary roles allow Mr. Genders to serve as both a trusted educator to the profession and a strategic guide to investors seeking to navigate the modern 1031 landscape with institutional-grade rigor.
Nathan G. Osborn

Nathan G. Osborn

Montgomery Little & Soran, PC

Nathan G. Osborn is an Equity Shareholder at Montgomery Little & Soran, PC, where he has built a distinguished practice at the intersection of real estate litigation, real estate transactions, and commercial litigation. Licensed to practice in both Colorado and Nebraska, Mr. Osborn brings a rare dual strength to his work: a seasoned trial attorney who has tried 65 cases, paired with the deep transactional expertise of a full-service corporate counsel. This combined perspective allows him to guide transactional clients around pitfalls that commonly lead to courtroom disputes, while bringing practical, transaction-informed insight to the cases he litigates. Beyond his client work, he is regularly retained as an expert witness in matters involving real estate issues, attorney fees, and trial-related questions.

Education & Credentials

Mr. Osborn earned his Juris Doctor with Distinction in 2007, following a Bachelor of Arts from Texas Christian University in 2003. He is admitted to practice in both Colorado and Nebraska, giving him a cross-jurisdictional platform from which to serve clients throughout the Rocky Mountain and Great Plains regions.

Recognition & Leadership

Mr. Osborn's work has earned consistent recognition from the most respected evaluators in the legal profession. He received the AV Preeminent® rating from Martindale-Hubbell in 2014 — the highest possible rating for legal ability and ethical standards — and has maintained that distinction every year since. He was named a Super Lawyers Rising Star from 2018 through 2021 and has been recognized as a Colorado Super Lawyer in 2023, 2024, and 2025. He has also been honored as a Distinguished Faculty Member by the National Business Institute.

Professional Involvement

A nationally sought-after speaker, Mr. Osborn has delivered well over one hundred continuing legal education programs for organizations including the National Business Institute, the Colorado Bar Association, myLawCLE, WealthCounsel, Halfmoon Education, and the Colorado Real Estate Symposium. His speaking portfolio spans the full breadth of real estate practice, from title insurance, easements, and boundary law to LLC formation, operating agreements, closings, land use, and legal ethics, as well as emerging topics such as the role of generative AI in real estate. He is a recurring presenter at the Colorado Bar Association's Business, Tax, Probate, and Real Estate Luncheon, where he has delivered the annual Real Estate Case Law Update on multiple occasions. As a published author, his work has appeared in The Colorado Lawyer, Probate & Property Magazine (published by the American Bar Association), the Colorado Bar Association Real Estate Law Newsletter, and the Colorado Cattlemen's Association Newsletter, with articles addressing topics such as the use of LLCs to purchase and own rental property, recent Colorado real estate case law, implied easements, and prescriptive easements. In his community, he volunteers as a youth basketball coach.

Experience

Before joining Montgomery Little & Soran, Mr. Osborn served as a Deputy District Attorney in El Paso County, Colorado — foundational trial experience that continues to shape his courtroom approach today. Over the course of his career, he has tried 65 cases across a wide spectrum of real estate and commercial matters, including mineral interest disputes, title insurance contract litigation, lender fraud defense, homeowners' association access disputes, fraudulent conveyance actions, construction defect litigation, judicial foreclosure, boundary and easement disputes, defamation defense, arbitrations involving business misappropriation, and defense of professionals against license complaints. His practice focuses on matters involving real estate title and access disputes, title insurance, boundary and partnership disputes, landlord-tenant matters and leases, foreclosures, title agent negligence, liens, easements, real estate purchases and sales, real estate development, operating agreements, real covenants, partitions, zoning compliance, private and inverse condemnation, treasurer's deeds, vacation rental licensing, bad faith claims against title insurance companies, attorney fee disputes, defamation, and professional licensing defense. He serves a diverse client base that includes title insurance underwriters and agents; commercial and residential landlords and tenants; real estate agents, brokers, and brokerages; real estate developers; and medical professionals such as doctors, dentists and orthodontists, rehabilitation facilities, and physical therapy practices — for many of whom he acts as full-service corporate counsel.
Robert H.D. Genders

Robert H.D. Genders

Genders Law & Legacy PLLC

Robert H.D. Genders, Esq., is the architect of Investment Counsel Exchange, a premier, attorney-led platform dedicated to the high-integrity execution of §1031 exchanges. With over 25 years of mastery across real estate law, 1031 sequencing, title operations, and strategic investment consulting, Mr. Genders provides an elite, multi-dimensional perspective on the evolving landscape of tax-deferred wealth. His work focuses on bridging the gap between traditional transactional infrastructure and modern, audit-ready compliance standards.

Education & Credentials

Mr. Genders has been licensed to practice law in Washington, D.C. since 2002. His legal practice is conducted exclusively through Genders Law & Legacy PLLC, a Washington, D.C.–licensed federal law firm, and is limited to federal matters. He is an approved continuing legal education and continuing education provider with the American Bar Association, the Federal Bar Association, the Florida Bar, and the Florida Department of Business and Professional Regulation (DBPR) — a multi-jurisdictional educator credential that reflects both the breadth of his subject-matter expertise and the trust placed in him by leading regulatory and professional bodies.

Recognition & Leadership

As the founder of Investment Counsel Exchange, Mr. Genders leads a national qualified intermediary platform built around disciplined workflows, institutional safeguards, and experienced coordination for both straightforward and highly complex transactions across jurisdictions. He is widely recognized within the industry for his ability to train and collaborate with a diverse professional audience — including financial professionals, investors, attorneys, CPAs, title agencies, developers, and national underwriters — and for his forward-looking work integrating next-generation settlement technology, investor tools, and modernized exchange architecture into the 1031 process. His platform is also positioned at the forefront of digital-asset and tokenized real-estate workflow licensing, an emerging frontier in real estate investment.

Professional Involvement

Mr. Genders is an active and sought-after educator and speaker on 1031 exchanges, DSTs, qualified intermediary best practices, fiduciary and settlement-process considerations, and multi-jurisdictional investment strategy. His approved status as a CLE/CE provider with the American Bar Association, the Federal Bar Association, the Florida Bar, and the Florida DBPR gives him a national platform for delivering substantive training to attorneys, CPAs, title professionals, and financial advisors. He maintains and curates a vetted professional network — spanning certified tax advisors, financial wealth advisors, real estate brokers and agents, and jurisdiction-specific attorneys — enabling clients to connect with the right specialists for needs that fall outside ICE's educational and qualified intermediary services. Speaking engagements and educational inquiries are welcomed through Investment Counsel Exchange.

Experience

Over the course of a 25-plus-year career, Mr. Genders has built experience across national 1031 exchange platforms, multi-state real estate operations, digital-asset workflow development, and the design of investor-focused educational programs. His prior roles as an in-house corporate attorney, national exchange attorney, and title agency owner give him unusual fluency in both the legal and operational dimensions of real estate and tax-deferred transactions — from the drafting table to the closing table, and from day-to-day title workflow to cross-jurisdictional exchange coordination. Today, through Investment Counsel Exchange, he leads a practice focused on complex 1031 exchange workflows and qualified intermediary services, Delaware Statutory Trust (DST) education and coordination, multijurisdictional investment considerations, fiduciary and settlement-process insights, digital-asset and tokenized real estate workflow licensing, and qualified intermediary best practices and compliance awareness. Through Genders Law & Legacy PLLC, he separately provides federal legal services from Washington, D.C. Together, these complementary roles allow Mr. Genders to serve as both a trusted educator to the profession and a strategic guide to investors seeking to navigate the modern 1031 landscape with institutional-grade rigor.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.4
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

Upcoming Live Online CLE Broadcasts

Trial Themes That Move Juries: Building and Threading the Theory of the Case

August 12, 2026

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August 12, 2026

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August 13, 2026

Citizenship Applications Are Now Enforcement Triggers: Advising and Litigating Delays, Denials, and the Denaturalization Surge

August 14, 2026

The Mediation Statement and the Persuasive Binder: Written Advocacy That Settles Cases

August 14, 2026

Attorneys Working with Claude: A Hands-On Guide for Legal Practice

August 14, 2026

Retirements Assets: IRAs, 401[k]s, and Best Practices to Manage your Estate (2026 Edition)

August 19, 2026

Asylum Defense in 2026: How to Build the Trial Record and Plead PSG Claims After Urias-Orellana

August 20, 2026

AI-Washing and Disclosure Liability: Securities Suits and Drafting Defensible Filings

August 21, 2026

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Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Approved
2 General
Alaska
Approved
2 General
iOur programs are CLE-eligible through Alaska’s recognition of multi-jurisdictional reciprocity.
Arizona
Approved
2 General
Arkansas
Approved
2 General
California
Approved
2 General
Colorado
Pending
2 General
Connecticut
Approved
2 General
Delaware
Pending
2 General
District of Columbia
No Required
No MCLE Required
Florida
Approved
2 General
Georgia
Approved
2 General
Hawaii
Approved
2 General
Idaho
Pending
2 General
Illinois
Approved
2 General
Indiana
Pending
2 General
Iowa
Approved
2 General
Kansas
Approved
2 Substantive
Kentucky
Pending
2 General
Louisiana
Pending
2 General
Maine
Pending
2 General
Maryland
No Required
2 CLE Hour(s)
Massachusetts
No Required
2 CLE Hour(s)
Michigan
No Required
2 CLE Hour(s)
Minnesota
Approved
2 General
Mississippi
Pending
2 General
Missouri
Approved
2.4 General
Montana
Approved
2 General
Nebraska
Pending
2 General
imyLawCLE reports attendance to Nebraska on each attorney’s behalf for all programs. Please do not self-report.
Nevada
Approved
2 General
New Hampshire
Approved
120 General minutes
iAs of July 1, 2014, the NHMCLE Board no longer provides pre- or post-approval of courses. Attendees must self-determine whether a program is eligible for credit, and self-report their attendance online at www.nhbar.org, based on qualification provisions of Rule 53.
New Jersey
Approved
2.4 General
iOur programs are CLE-eligible through New Jersey’s recognition of multi-jurisdictional reciprocity, except for the courses required under BCLE Reg. 201:2
New Mexico
Approved
2 General
New York
Approved
2 General
iOur programs are CLE-eligible through New York’s Approved Jurisdiction Group “B”.
North Carolina
Pending
2 General
North Dakota
Approved
2 General
iOur programs are CLE-eligible through North Dakota’s recognition of multi-jurisdictional reciprocity. Section 1, Policy 1.14
Ohio
Approved
2 General
Oklahoma
Approved
2.5 General
Oregon
Pending
2 General
Pennsylvania
Approved
2 General
Rhode Island
Pending
2 General
South Carolina
Pending
2 General
South Dakota
No Required
2 CLE Hour(s)
Tennessee
Approved
2 General
Texas
Approved
2 General
Utah
Approved
2 General
Vermont
Approved
2 General
Virginia
Not Eligible
2 General Hours
Washington
Approved
2 Law & Legal Hours
iReceive CLE credit in Washington via attorney submission.
West Virginia
Pending
2.4 General
Wisconsin
Approved
2 General
Wyoming
Approved
2 General

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs