Leaving Investment Property to a Spouse

My investment property is held in an LLC. Can this be given to my spouse upon my death?

Yes.  It can be done in many ways, from passing through in your will, being transferred pursuant to a living trust or by holding your LLC interests as joint tenants, with right of survivorship (JTROS).

If you choose the JTROS or living trust route, upon your passing the investment property will automatically be transferred to your spouse or other named beneficiary, saving the problem of having your estate probated before title can be transferred. Know that the LLC is preferred over a joint tenancy or living trust as only the LLC also offers asset protection.