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admin 31.03.2014

We talked for close to an hour about Delaware dynasty trusts, their powerful benefits, and the amazing flexibility they offer for parents to provide a safe transition and transfer of wealth from their generation to future generations. Control Benefits.  After the parents or grantor passes away, the trust may be administered to provide for care for the assets for the heirs and the heirs descendants. A client’s ability to contribute assets to a trust that will continue for generation after generation without the imposition of any transfer tax is a compelling benefit. The trust makes sense when you compare the benefits the trust offers to the alternative  of passing assets outright, from generation to generation, subject to federal estate tax.
The same $1 million held outside of the trust, subject to gift and estate tax occurring at each successive generation would have an approximate value of only $6.5 million.
Had Russell’s father created a dynasty trust with some basics of Lindley’s suggestions that are explained further, Russell would probably still have most of his inheritance in place. Lindley explained that trusts can be as simple or as complicated, controlling or generous, as the parent’s (grantor’s) desire. For example, if the inheritor makes a half a million dollars in an enterprise, the trust could match that by giving the inheritor an additional distribution of a half a million dollars from the trust corpus, given of course the funds are there and available.
Based on his experience, Lindley said all of these examples and more have been used in the past and set a good template for possible dynasty trust wording to discuss with your estate planning attorney. To ensure that the trust assets are not needlessly taxed and that the funds that are gifted to the heirs are not lost or squandered. Hopefully before the parents die but preferably as soon as possible as contributions to the trust can be made at any time.
Because they trust you as their advisor they feel comfortable looking to you as a confidant and family mentor.

Telling a client that you offer trust services or offer trust advice gives the client nothing concrete, but telling the client that you could arrange the set up a trust or a dynasty trust rings in your client’s mind as concrete.
As starting point, my staff is preparing a complimentary Power Point presentation available to you in a coming edition of the Trust Advisor. To make matters worse, he took the rest of the money and placed it on a concentration bet on some high-tech bulletin board company that went into bankruptcy about 6 months after his investment. Dan offers a strong case why Delaware is one of the best states in the country to host a dynasty trust. Assets contributed to the trust can continue for successive generation of the grantor’s descendants without incurring any additional gift tax, estate tax or generation-skipping transfer tax. If structured properly, the dynasty trust can be arranged to first provide asset protection benefits for the grantor and second conversion to a dynasty trust upon the passing away of the grantor. A dynasty trust may also be arranged to serve as an administrative trust, thus permitting the trustee to direct the trust assets to to an outside money manager or wealth advisor. The following chart, provided by Northern Trust Company illustrates that a $1 million contribution to a trust, a 5% after-tax rate of return on the investment assets, a new generation, subject to federal estate tax of 45% applied at each generational transfer, the dynastry trust would have an approximate value of $39 million after only 75 years. The grantor can install provisions in the trust instrument to change the level of distributions or even suspend distributions. The trustee in essence becomes an institutional parent administering responsibility, education, and enforcement of the activities and wishes of the deceased parents. The trust could even reward inheritors or children for having other children to continue the dynasty.
This can also include creditor problems and provisions may allow the trustee to keep track of a beneficiary’s FICA score to determine that they are not misbehaving by borrowing too much.

Someone preferably from the wealth management organization needs to motivate the client of the necessity for the trust. This does not have to be an attorney in Delaware.  It can be anywhere although a Delaware attorney should review the trust for legal conformity. This permits the trustee to appoint an investment advisor to manage the funds. This is one of the  services of Northern Trust of Delaware.
The rule against perpetuities abolishes this requirement and permits the trust to remain in force forever.
To change the trust you have to go through a protracted procedure in order to get it out.  Once it’s created it’s permanent and cannot be changed without either going to court or gaining the consent of all the adult beneficiaries or both. Another important feature that could be included would punish the providing of false or misleading information to a trustee to gain advantage. Second, a dynasty trust provides for a means of control over the disposition of money to the children and heirs to ensure the safety, protection and long lasting of the funds. Financial advisors can also help many clients especially with year-end investment planning.
It should be ongoing and once the trust is started the involvement should be part of the relationship manager’s duties. It’s preferred that an institutional trustee be appointed since decisions may need to be made after the death of the grantor and for many generations.

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