Tag Archives: Trust Fundamentals

Benefits of US Trusts in International Planning – Foreign Trust Tips

One hallmark of an attractive trust jurisdiction, like Alaska and Nevada, are their comprehensive statutory laws governing trusts. In contrast, many non-U.S. jurisdictions rely more heavily on common law.

This Guide is intended to explain some of the unique features of the Alaska and Nevada trust regimes to professional advisors, institutions and their clients. This Guide specifically addresses the use of Alaska and Nevada trusts in an international context

Trusts: Not Just for the Wealthy

Many people associate trusts with the very wealthy, because they are often used in the media and pop-culture in the context of two other words: “fund” and “baby”. The reality is that a trust is a helpful estate planning instrument for most of your clients, not just the wealthy. Clients with $250,000 to $1 million in investable assets should consider a trust to help tackle their estate and financial planning challenges.

Another reason trusts are commonly associated with the very wealthy is because in the past for many families the cost of creating a trust was prohibitive. Additionally many trust companies require a minimum deposit of $1+ million in order to open a trust. However, at Peak Trust Company, we tailor our services to meet the needs of your clients by allowing them to create a trust with as little as $250,000. Now your clients can enjoy the benefits that were previously only available to the very wealthy.

Real Estate Tax Deduction

Many deductions allowed to an individual for federal income tax purposes for certain expenses or costs incurred have been permanently eliminated, or suspended or limited until 2026 by the 2017 Tax Act(“Act”—also commonly known as the Tax Cuts and Jobs Act) for tax years after 2017.1The deduction under Section 164 for state and local income, sales, and property taxes has been limited to $10,000 annually for individual taxpayers including estates of decedents and non-grantor trusts3through 2025.

Reasons to Decant a Trust

Joe is a married 55-year-old surgeon with three adolescent children. He has accumulated substantial assets in addition to his high annual income. Joe would like an estate plan that provides for his family and future descendants as well as current asset protection.

Based on these facts, it appears that Joe might be a good candidate for a self-settled Alaska Asset Preservation Trust. This trust provides great estate planning and an element of asset protection for Joe and his family.

Steve Oshins- Decanting and DAPTs

Decanting can be a great way to add flexibility to irrevocable trusts. Beyond correcting scrivener’s errors, resolving ambiguities, or clarifying trust language, decanting allows trustees to change some provisions of an irrevocable trust by pouring the assets into a new trust with modified terms.

Decanting can be used to make administrative changes like a change of trust situs, changes to the number and powers of trustees, or to consolidate trusts, to list a few. Decanting also can be used to make certain changes to how the trust assets are distributed, like enhanced spendthrift provisions, enhanced asset protection, or to qualify a special needs beneficiary for needs-based benefits, among other dispositive changes.