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Delaware law holds that the creator of a trust has the legal right to control the investment, management and trust distribution decisions of trusts he or she creates. Trustors can define the rights of beneficiaries and determine the duties, powers and standards of a fiduciary.
There are two forms of trusts, revocable and irrevocable. Typically the living trust is revocable, which means that the trustee technically owns the assets while acting as trustee. Despite this, the trust maker (original owner) has the right to undo the trust at any time.
Delaware's directed trust law provides: Freedom to engage in estate planning or asset protection planning using illiquid assets, such as stock in the family business, real estate, or hedge fund/private equity investments, when a trustee may otherwise be reluctant to hold these types of assets.
The trust is established by a professional real estate company, referred to as ?DST sponsor?, who first identifies and acquires the real estate assets. As individuals invest, their investments displace the capital used by the DST sponsor to acquire the property until it is eventually wholly owned by the investors.
The Common Law of Trusts. Establishes the Duties of Loyalty, Prudence, and Diversification. that Fiduciaries Owe to Trust.
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At least one trustee must be a resident of Delaware, which can be satisfied by naming a Delaware trust company or by forming a Delaware corporation to act as the trustee (See 12 §3807). There is no Franchise Tax and no Delaware income tax on statutory trusts formed in Delaware.