Directed Trusts, only available in a handful of states across the country including South Dakota, continue to drastically change the trust world through unbundling asset management and trust administration functions, putting control back into the hands of settlors, beneficiaries, and their advisors. Through bifurcating liability, the directed trust model creates a legal framework allowing trustees and beneficiaries to work with asset managers and independent trust companies of their choosing. Click here for an article appearing in Worth Magazine and featuring Bridgeford Trust’s President and CEO, David A. Warren, JD, discussing the nuances of this powerful planning tool.
South Dakota is once again ranked, for the fourth consecutive year, as having the top decanting statute in the nation! Published by Nevada attorney Steve Oshins, the new 4th Annual Trust Decanting State Rankings Chart is an excellent resource for advisors and clients because of his methodical and objective approach to evaluating the factors that impact the viability of a state’s decanting statute. The concept of decanting has become a very powerful tool for planners to modify irrevocable trusts and has emerged as one of the most progressive planning strategies available in dealing with dynasty planning issues. Appropriately referred to as a “do over,” decanting essentially distributes assets from an irrevocable trust into a new trust with different, and presumably more desirable and flexible terms, leaving the unwanted terms in the original trust and not binding on the assets.
Ranking Domestic Asset Protection Statutes; South Dakota ranked in the Top Tier, Delaware and Alaska considered Second Tier
Domestic Asset Protection Trusts, available only in a small number of states, are a formidable planning strategy that legally shields assets from third party liability (including spouses in a divorce proceeding) and law suits while permitting settlors (the person establishing the trust) to retain some control over the trust assets and enjoy a discretionary benefit during their lifetime. South Dakota has one of the oldest and most progressive self-settled domestic asset protection provisions in the United States. With its two year “look back” fraudulent conveyance statute, South Dakota’s is among the shortest in the country (Delaware has a four year fraudulent conveyance statute). In the January 2017 issue of Trusts & Estates Magazine, authors Mark Merric and Daniel G. Worthington closely and objectively examine domestic asset protection trust statutes in the context of various factors including a state’s discretionary support statute and alter-ego statute.
Join Bridgeford Trust at Heckerling Institute on Estate Planning for a Co-Sponsored Reception Celebrating South Dakota Trust Law
Bridgeford Trust is co-sponsoring a cocktail reception on January 11th, celebrating South Dakota’s progressive, sophisticated, and industry leading trust laws at the 51st Annual Heckerling Institute on Estate Planning from January 9th-13th in Orlando, Florida. If you are attending Heckerling, we encourage you to join Bridgeford Trust and advisors from around the country and the world for “It is Time to Consider the Advantages of South Dakota,” a great informational event and networking opportunity. To learn more and to register for this exclusive reception, click here! We hope to see you there!
South Dakota was the first state in the nation to abolish the Rule Against Perpetuities in 1983, clearing the way for the creation of the Dynasty Trust. A Dynasty Trust, not available in all states, is a powerful planning tool that essentially allows a trust to live in perpetuity (forever), therefore never subjecting the assets to federal estate taxation through a forced distribution. Watch the video below to learn how Dynasty Trusts work and why South Dakota is considered to be the top Dynasty Trust state in the nation. For more information regarding Dynasty Trusts, please contact Bridgeford Trust via our contact page.
For the 5th consecutive year, South Dakota is again ranked as being the top Dynasty Trust state in the nation while Delaware, long considered a top tier trust jurisdiction, slips to the 7th position. A Dynasty Trust, not available in all states, is a powerful planning tool that essentially allows a trust to live in perpetuity (forever), therefore never subjecting the assets to federal estate taxation through a forced distribution. South Dakota was the first state in the nation to abolish the Rule Against Perpetuities in 1983, clearing the way for the creation of the Dynasty Trust. The rankings chart, an annual ranking of Dynasty Trust states from across the country published by Nevada attorney Steve Oshins, is an excellent resource for advisors and clients because of the methodical and objective approach to evaluating the factors that impact the viability of Dynasty Trust states, such as whether they have an asset protection statute and how effective it is in comparison to other states.
The Trust Protector concept is a modern trust law tool, often used in conjunction with a Directed Trust, that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before. The inclusion of a Trust Protector allows the settlor, beneficiaries, and their advisors to modify and control many important aspects of the trust and provide direction to the trustee with respect to investment management, jurisdiction, and trust distributions. Acting as a “super trustee,” the Trust Protector concept enhances the control aspects of the Directed Trust because it provides for direction or restraint of powers of the trustee.
South Dakota is the first state in the nation to enact progressive new legislation creating the South Dakota Family Advisor. The Family Advisor is yet another South Dakota modern trust law tool that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before, when used in conjunction with a Directed Trust. Appropriately referred to as a “Trust Protector Light,” because of its non-fiduciary status and limited powers, the South Dakota Family Advisor is an excellent option for settlors of trusts and beneficiaries who may want family advisors, such as attorneys, CPAs, or investment advisors, to have some control and input over important aspects of trust administration without elevating the position to that of a fiduciary, which carries with it heightened liability that may deter advisors from serving.
David Warren, President and CEO of Bridgeford Trust, will be presenting at the HighPoint Institute’s September event. The Highpoint Institute is an educational seminar platform for financial and business professionals looking to enrich the client experience with the latest on estate planning. The event has been approved for the following professional continuing education credits: CFP, CPA, LI®, CLU®, RICP®, ChFC®, CLF®, CASL®, ChSNC™, CAP®, and FSCP. David’s presentation – What Your Clients May Be Losing By Having Their Trusts in Pennsylvania – will highlight the paramount importance of selecting the proper trust jurisdiction. Awareness of the tax, asset protection, and privacy advantages of modern trust laws is vitally important in the wealth planning process.
Proving once again South Dakota’s status as the premier U.S. trust jurisdiction and the vital importance of proper situs selection in the trust planning process, South Dakota is the first state in the nation to enact progressive new legislation creating the South Dakota Family Advisor (for a definition of terms, reference 55-1B-1). The Family Advisor is yet another South Dakota modern trust law tool that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before when used in conjunction with a Directed Trust.