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Dynasty Trust States

Following is a list of the states that have either abolished their rule against perpetuities, enacted an opt-out rule against perpetuities or made another change to its rule against perpetuities.  If we set up a Megatrustsm for your descendants under the laws of one of these states, the trust assets will be protected from your descendants' creditors and ex-spouses forever and never be subject to estate taxes!  You DO NOT need to reside in one of these states to take advantage of their favorable perpetuities laws.


PERPETUAL DYNASTY TRUST STATES:

Alaska

Alaska Stat. § 34.27.100

Arizona

Ariz. Rev. Stat. § 14-2901A                

Colorado

Colo. Rev. Stat. § 15-11-1102(1)

Delaware

Del. Code Ann. tit. 25, § 503

District of Columbia

D.C. Code Ann. § 19-904(10)

Idaho

Idaho Code § 55-111

Illinois

765 Ill. Comp. Stat. Ann. §§ 305/1–305/6

Maine

Me. Rev. Stat. Ann. tit. 33. § 101-A

Maryland

Md. Code Ann., Est. & Trusts § 11-102

Missouri

Mo. Rev. Stat. § 456.025

Nebraska

Neb. Rev. Stat. §76-2005(9)

New Hampshire

N.H. Rev. Stat. Ann. § 564:24

New Jersey

N.J. Stat. §§ 46:2F-9–46:2F-11

Ohio

Ohio Rev. Code Ann. § 2131.09

Rhode Island

R.I. Gen. Laws § 34-11-38

South Dakota

S.D. Codified Laws §§ 43-5-8

Virginia


Wisconsin

Va. Code Ann. § 55-13.3


Wis.  Stat.  § 700.16

DYNASTY TRUST STATES WITH LONG TERM OF YEARS:

Florida (360 yrs.)

Fla. Stat. § 689.225(2)(f)

Nevada (365 yrs.)

Nev. Rev. Stat. § 111.1031

Utah (1,000 yrs.)

Utah Code Ann. § 75-2-1203

Washington (150 yrs.)


Wyoming (1,000 yrs.)

Wash. Rev. Code § 11.98.130


Wyo. Stat. Ann § 34-1-139


The Nevada 365-year dynasty trust law was created by Steven J. Oshins in the 2005 legislative session.  Until that time, Nevada trusts were limited approximately 90 to 120 years.  Since Nevada has no state income tax, Nevada has become one of the leading dynasty trust states.  This law is one of the most significant laws to pass in Nevada in decades.
 

For more information on the Dynasty Trust, read:

• "The Megatrustsm: An Ideal Family Wealth Preservation Tool," Trusts & Estates (Nov. 1991), co-authored by Richard A. Oshins and Jonathan G. Blattmachr.

• "Protecting & Preserving Wealth into the Next Millennium," Trusts & Estates (Sept/Oct 1998), co-authored by Richard A. Oshins and Steven J. Oshins. This article was also republished in the June and July 1999 issues of The Monthly Digest of Tax Articles. 1998 EPIC AWARD WINNER!

• "In Search of the Perfect Estate Plan: A Pipe Dream Can Become a Reality," CCH - Financial and Estate Planning (Nov. 1998), authored by Richard A. Oshins

• "The Dynastic Trust under the Relief Act of 2001," Tax Notes (Oct. 8, 2001), co-authored by Richard A. Oshins and Jerry A. Kasner

• "Asset Protection and the Spendthrift Trust," CCH - Estate Planning Review (Oct. 22, 2001) - Steven J. Oshins interview. This interview was also republished in the January-February 2002 issue of Journal of Retirement Planning.

• "The Inheritor's Trustsm: The Art of Properly Inheriting Property," Estate Planning, Vol. 30, Nos. 9 and 10 (Sept. and Oct. 2003), co-authored by Richard A. Oshins and Noel C. Ice

• "Trust a Trust: The Benefits of Using Beneficiary-Controlled Trusts," Trust & Investments (Nov./Dec. 2003), co-authored by Rozlyn L. Anderson and Richard A. Oshins

• "The Inheritor's Trustsm: Planning in Contemplation of an Inheritance," Lawyers Weekly USA (Jan. 2004), authored by Steven J. Oshins

• "The Effect of the UTC on the Asset Protection of Spendthrift Trusts," Estate Planning (Aug., Sept. and Oct. 2004), co-authored by Mark Merric and Steven J. Oshins

• "The New Nevada 365-Year Dynasty Trust: Nevada Becomes a Leading Dynasty Trust State," Communique (Mar. 2006), authored by Steven J. Oshins

For related media articles, read:

* "Building trust with proper tools can stave off estate taxes forever, "Daytona Beach News-Journal, January 15, 2001

* "Providing For The Year 3000," Forbes, June 11, 2001

* "Building Your Own Dynasty," Wall Street Journal, September 15, 2004

* "The Inheritor's Saferoom," Registered Rep, July 1, 2005

* "Inheritor's Trust New Trend in Estate Planning," Lawyers Weekly USA, August 1, 2005

* "A Dynasty Trust that Requires a Family Chat," Investment News, August 22, 2005

* "Set Up a Trust for the Inheritance to Come," Horsesmouth, August 22, 2005

* "Helping Wealthy Families Create Dynasty Trusts," Horsesmouth, January 31, 2005

* "Spotlight on the Inheritor's Trust," Estate Analyst, Agust 2005

* "Beyond the Prenup - Families Increasingly Turn to Trusts to Protect Assets, Inheritances from Ex-spouses," Wall Street Journal, September 22, 2005

* "Stash Your Cash Before You Tie The Knot," Lawyers Weekly USA, October 24, 2005

* "Daddy, Can I Please Have a Beneficiary Controlled Trust?," Financial Advisor, November 2005

* "Demystifying Trust Funds," Wall Street Journal, December 24, 2005

* "wsjdynasty," Wall Street Journal, 2005

* "Estate-planning lawyer succeeds by helping clients protect their wealth," Las Vegas Review Journal, March 27, 2006

* "Dynastic Trusts Today - An Interview with Steven J. Oshins," The Estate Analyst, May 2006

 
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