Heckerling Estate Planning Conference 2018

3 Anticipated Topics at Heckerling – the Premier Conference for Estate Planning

The Heckerling Institute on Estate Planning is holding its 52nd Annual estate planning conference in Miami this coming January. The Heckerling wealth symposium is the nation’s premier conference for trust officers, wealth management professionals, attorneys, and other professionals in the trust and wealth management space.

As trust professionals ourselves, we keep our finger on the pulse of these crucial events and want to help you navigate which sessions will help you understand the trust landscape further. While there are dozens of valuable sessions, we’ve focused on three topics that are of interest to our audience.

Alliance Trust Company of Nevada will be an exhibitor at the Heckerling estate planning symposium, so if you have any questions about these or other topics, please stop by and introduce yourself.

Topic 1: Dynasty Trusts

As a trust company based in Nevada, we’re experts on the Dynasty Trust. This generation-skipping trust holds assets for multiple generations and is hugely beneficial in taking advantage of advantageous tax maneuvers. Additionally, in the state of Nevada, assets of both U.S. and non-U.S. citizens can remain in a dynasty trust for up to 365 years without being subject to distribution.

Several cases, such as Klabacka v. Nelson, 133 Nev. Adv. Op. 24 (May 25, 2017): Nevada DAPT Protects Against Spousal/Child Support Claims and the Matter of Daniel Kloiber Dynasty Trust u/a/d December 20, 2002 (Court of Chancery of Delaware) contribute to Nevada’s robust trust laws and make Nevada the ideal situs to establish your trust. It’s important to learn how to properly structure your dynasty trust to achieve maximum tax benefit, beneficiary involvement, the proper appointment of trustees, including the option for a corporate trustee, and to learn about the flexibility and control that’s available to you when establishing a dynasty trust.

In the session at the Heckerling symposium titled “Care and Feeding of a Dynasty Trust: High Protein or Low Fat,” Diana S.C. Zeydel will talk you through some best practices for maintaining your trust. We can answer any additional questions you may have in the expo hall.

Topic 2: U.S. Tax Law and Non-U.S. Trust Law

Establishing a trust within the U.S. allows foreign families to take advantage of and benefit from its trust laws. It’s important to understand how U.S. and non-U.S. taxes will affect your wealth before establishing foreign trusts.

Understanding the tax differences between revocable and irrevocable trusts, which assets are subject to U.S. taxes, and how to avoid certain taxes are just a few of the things you need to understand as you make the vital decision of establishing situs for your trust.

The session titled “Two Systems Separated By a Common Language: U.S. Tax Law Meets Non-U.S. Trust Law,” presented by M. Read Moore and Alec R. Anderson will help shed some light on the often complicated topic of foreign trust taxes.

Nevada is arguably the most favorable state to establish your foreign grantor trust due to its friendly trust laws. We would love to tell you more about the benefits of establishing your U.S. trust in Nevada.

Topic 3: Trust Protection for Beneficiaries

There are multiple perspectives from which to understand trust protection for your beneficiaries. If you want the full picture, you’ll have to look at protection through the eyes of the drafting attorney, the trustees and administrators, and the creditors or others who may seek access to your trust.

In the session titled “Trust Asset Protection Through a Tri-Focal Lens,” Daniel S Rubin, Terrence M. Franklin, and Michael M. Gordon will speak from their perspectives about the protections afforded trust asset protection.

Alliance Trust Company also has a unique view on this topic, as the state of Nevada has the strongest trust protection in the U.S. Tested in the courts and supported by precedents (Klabacka vs. Nelson, again), Nevada has a strong history of protecting trusts from outside entities and preserving wealth.

We’ll See You There!

We hope you’re planning on joining us in January to learn more about these and other topics to gain a greater understanding of the wealth management space. You’ll learn best practices from leading experts, gain greater insight into changing rules and regulations and gain confidence in the terms and situs of the trusts you’re establishing.

About Alliance Trust Company of Nevada

Alliance Trust Company of Nevada works with attorneys, financial advisors, CPAs and insurance professionals from around the world to provide flexible trustee services and the benefits of Nevada trust situs.

Founded in 2005, Alliance Trust Company of Nevada is fully-independent and 100% employee-owned.

As a firm established by independent advisors, for advisors, we offer flexible trustee services to various allied professionals locally, nationally, and internationally.

Alliance Trust Company is an independent trust company – not a subsidiary or affiliate of any brokerage house, insurance company or bank. We engage our clients and their established teams of professionals without interference.

Nevada leads the nation in both domestic and global asset protection and wealth management. We help our clients benefit from Nevada’s favorable trust laws through a variety of trustee services and asset management.

Why Nevada is the Ideal Situs for Your Dynasty Trust

A Nevada Dynasty Trust Proves to Be More Secure Than a Delaware Dynasty Trust

When you are searching for a state with friendly trust laws to protect your family’s assets, two states at the top of your list are undoubtedly Nevada and Delaware. Although Delaware is a great state overall for establishing a trust or business entity, more people realize that Nevada might be a better choice.

Before we discuss some of the benefits of a Nevada Dynasty Trust, we are going to share a recent case in Delaware in which a divorcing spouse was able to break the assets free from a Delaware Dynasty Trust. Since protection from divorcing spouses is one of the top concerns for those establishing a Dynasty Trust, it is important to know where each state stands on this issue.

A Potential Problem with a Delaware Dynasty Trust

Kiplinger recently published an article that explains why a Nevada Dynasty Trust may have an advantage over a Delaware Dynasty Trust. The article was written by Jeffrey M. Verdon, Esq., a California-based lawyer who specializes in taxation and comprehensive estate planning.

Mr. Verdon discusses two cases where a divorcing spouse was granted access to the assets in a Delaware Dynasty Trust established for the support and maintenance of the beneficiaries. In the more recent legal case, the ex-wife gained access to assets in a Delaware Dynasty Trust – despite the fact that the trust dictated the husband, his spouse, and descendants as the sole beneficiaries.

“[…] in Nevada, a divorced spouse will not be permitted to bust into a validly formed DDT or DAPT that was timely and properly established without the intent to defraud a creditor.

With the Kloiber v. Kloiber decision, Delaware’s case law now clearly allows for claims from these exception creditors. Therefore, as any qualified Nevada trust lawyer will tell you, the safest way to form a dynasty trust is to draft it as a discretionary trust, in a no-exception creditor state like Nevada, in which only the trustees have the sole authority to provide funds to beneficiaries.”

Mr. Verdon makes a strong point – Nevada’s trust laws have the upper-hand for those concerned about exception creditors possibly breaking into their trust.

The Nevada Dynasty Trust

A Dynasty Trust is an irrevocable trust that is exempt from estate tax, gift tax, and generation-skipping transfer tax. Beneficiaries of a Dynasty Trust can use all of the property and assets owned by the trust without the risk of losing those assets to creditors and divorcing spouses.

The Nevada Dynasty Trust is one of the most favored tools for asset protection by domestic and international families alike. It offers more thorough protection for a longer period than virtually any other trust available today.

In 2005, Nevada legislators passed Senate Bill 64, which amended Chapter 111 of the Nevada Revised Statutes, allowing a Nevada Dynasty Trust to protect assets for beneficiaries for 365 years. Previously, a Nevada Dynasty Trust was limited to 90 to 120 years.

Recently, this law was challenged in the Nevada Supreme Court – Bullion Monarch Mining, Inc. v. Barrick Goldstrike Mines, Inc. The court ruled unanimously in favor that the 365-year limit is the law in Nevada. This court ruling assures those considering a Nevada Dynasty Trust that their assets will indeed be protected as the law describes.

The Advantages of Nevada Trust Laws

Nevada’s trust laws are among the most friendly in the world for wealth management and asset protection. Below are more advantages for U.S. and non-U.S. citizens establishing a trust in Nevada.

Nevada Asset Protection Advantages:

  • Nevada has one of the shortest “seasoning periods” in the United States – a statute of limitations of two years on asset transfers to self-settled spendthrift trusts.
  • There is no prohibition on the settlor’s powers over the trust, except for making distributions to him or herself.
  • A Nevada Asset Protection Trust settlor can serve as co-trustee and manage the assets of the trust.
  • The single attack allowed on Nevada Asset Protection is a fraudulent conveyance, which requires a very high burden of proof.
  • Trustees cannot be forced to make discretionary distributions.

If you are interested in setting up a Nevada Dynasty Trust or learning more about your options for asset protection, please contact our team at Alliance Trust Company of Nevada today.

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