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Be sure to talk with a planning attorney to determine if a dynasty trust is right for you. Consult with an Attorney. Dynasty trusts involve complex planning for future generations over many years. ... Name Your Trustees and Beneficiaries. ... Decide Which Assets to Include. ... Determine How Funds Will Be Distributed. ... Fund Your Trust.
Here are the 21 states that eliminated the Rule Against Perpetuities and allow dynasty trusts: Alaska. Delaware. District of Columbia. Hawaii. Idaho. Illinois. Kentucky. Maine.
For example, a mother may create a dynasty trust for the benefit of her son and his descendants. Upon the death of the son, the remaining assets in the dynasty trust would be divided into shares, per stirpes, for the son's descendants and continue in further trust for their lifetime benefit.
South Dakota's modern trust laws are the reason why that state has been ranked as the top Dynasty Trust state in the nation by advisors, industry experts, and publications, including Trusts & Estates magazine (learn more about why South Dakota was named a top-tier trust jurisdiction by Trusts & Estates magazine).
Which States Allow Dynasty Trusts? Some states have maintained the 21-year Rule Against Perpetuities, and therefore do not allow dynasty trusts. The top tier states for dynasty trusts are Alaska, Delaware, Nevada, and South Dakota because they allow dynasty trusts and do not impose state income tax on trusts.