Trust Situs for Dynasty Trusts & DAPTs

Originally aired 11/15/13

Seminar recording | Presentation materials

Dynasty trusts and domestic asset protection trusts (DAPTs) have both become an integral part of many estate and asset protection plans. Clients from all 50 states and D.C. are candidates for this type of planning, so counsel must understand the significant differences among the jurisdictions. Ohio has recently modified its laws to allow DAPTs and to make its dynasty trust laws more desirable. CPA financial planners and attorneys are now faced with deciding whether to domicile a trust in Nevada, Delaware, Alaska, South Dakota, Ohio, Tennessee or Wyoming—or another jurisdiction.

Appropriate situs selection and planning are even more challenging for practitioners when clients favor their own state laws and make a case for their home state. If that's not the best choice, advisers must prepare to educate clients on the best situs for their situation.

In this webcast, Steve Oshins and Eido Walny, will provide an understanding of the key differences and variables among leading dynasty trust and DAPT jurisdictions. The panel will outline what to consider when advising clients on the most appropriate jurisdiction in which to domicile a trust, including:

  • Which states have the most effective dynasty trust statutes?

  • Which states have the most effective DAPT statutes?
  • What are the material differences—advantages and disadvantages—among the different top tier jurisdictions?
  • How can counsel draft the trust document around some of the state law problems?