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This article highlights the fact that most wealthy U.S. families customarily choose individuals rather than trust companies to serve as trustee, even for complex trusts holding very substantial assets and even though a family who can afford it now has the option of creating its own trust. The article also argues that reliance on individual trustees carries the risk that it depends on an unbroken line of succession from one 'wise' (competent, diligent) trustee to the next, with little or no transition time or cushion to adjust for unexpected events.

A discussion of pre-nuptial, post-nuptial or cohabitation agreements.

Many families of wealth struggle with a fundamental question: Can our wealth be sustained across generations and have a positive impact on those who use it? Through experience and research, a series of best practices for the successful transfer of multi-generational wealth has been identified to help reduce the likelihood of families succumbing to the paradigm of “shirtsleeves-to-shirtsleeves in three generations.” Families who devote time and effort to adopt the best practices will be better able to increase the 1 in 3 chance of maintaining wealth through multiple

With the recent changes in the transfer tax laws, it is possible to transfer greater wealth and reduce income taxes through POAST. This innovative approach and integrated trust technique allow a wealthy individual (the donor) to provide benefits to both parents and descendants. A properly structured POAST can accomplish multiple objectives, including support for less wealthy family members, income tax mitigation, and enhanced dynastic wealth transfer.

With the ever-evolving nature of international tax, the non-U.S. resident or non-U.S. citizen with activities in the United States (referred to as “inbound” activities) and their U.S. advisors should become aware of fundamental, international tax principles to avoid the unintended application of U.S. tax. This guide serves as a resource to help navigate the dynamic tax landscape.

Every family has its own reasons for establishing a private family trust company (PFTC) which can be structured to suit the family’s needs and desired goals. When deciding whether to establish a PFTC, there are several important issues to consider. Taking an in-depth look at these considerations—including capital requirements, regulatory burdens and costs, family participation, long-term governance and succession, and trustee latitude—can help a family decide if it should create a PFTC and make it part of their long-term wealth planning.

For decades, Delaware has led as an innovative and flexible jurisdiction for establishing and administering personal trusts. There are five reasons to explore the First State as the premier location for your new or existing trust—even if you don’t reside in the state. Delaware is also a leader in providing “directed trusts,” which enable families to benefit from a trust without giving up control.

The legal qualifications for a trustee are simple: the person must be over the age of 18 and legally competent to manage his/her own affairs. The practical qualifications, however, are much more complicated. Most importantly, a trustee must have the skill set to properly administer the trust and meet the needs of the beneficiaries and must possess and exercise good judgment.

While laws in the United States generally allow trust property to be protected from the creditors of beneficiaries, there has traditionally been an exception to these protections where property in a trust is derived from a beneficiary’s own contributions to the trust. In rejecting this traditional rule, some states have modernized their laws, via statute, to allow creditor-protected self-settled trusts under certain circumstances. Some key provisions of these laws are summarized for comparison.

1031 Exchange, commonly known as like-kind exchange, can be a smart tax strategy for business owners who also own or invest in real estate.