Bridgeford Trust Company is excited to share the launch of our Podcast Series which was developed to educate, challenge, and inspire listeners. As we interview experts in the trust planning arena, we will keep listeners updated on developments regarding modern trust law and provide practical discussion on the powerful planning opportunities available to advisors around the country and the world – all in an effort to deliver far more direction and control to clients and their advisors than ever before.

Start listening to our Podcast Series – Delivering Direction and Control – today by visiting: bridgefordtrust.com/podcasts.

Episode 1 features David Warren – Chairman of the Board/Co-Founder of Bridgeford Trust Company and President/CEO of Bridgeford Advisors – and guest speaker, Terry Prendergast – Of Counsel at Davenport, Evans, Hurwitz & Smith, LLP in Sioux Falls, South Dakota. In this episode, David and Terry discuss what drives South Dakota’s position as a top tier jurisdiction. They take a look at aspects of modern trust law and how they have revolutionized the trust industry, including a focus on decanting and how trusts are modernized.

As a subscriber of our blog, you’ll automatically receive notifications when new episodes are added. We hope you enjoy Episode 1!

Domestic Asset Protection Trusts, available only in a small number of states (17), are a formidable planning strategy that legally shields assets from third party liability (including spouses in a divorce proceeding) and lawsuits while permitting settlors (the person establishing the trust) to retain some control over the trust assets and enjoy a discretionary benefit during their lifetime. South Dakota has one of the oldest and most progressive self-settled domestic asset protection provisions in the United States. With its two year “look back” fraudulent conveyance statute, South Dakota’s is among the shortest in the country (Delaware has a four year fraudulent conveyance statute).

In a December 2018 issue of Trusts & Estates Magazine, authors Mark Merric, Daniel G. Worthington, Paul MacArthur, and John E. Sullivan closely and objectively examined domestic asset protection trust statutes in the context of various factors including a state’s discretionary support statute and alter-ego statute. South Dakota is the only state appearing in the first tier in both areas.  Based upon a thorough analysis of these, and other factors, the authors concluded that South Dakota is a top tier domestic asset protection trust jurisdiction, while Delaware, Wyoming, and Alaska are considered second tier jurisdictions. This well supported and objective conclusion again accentuates the vital importance of selecting the proper trust jurisdiction in the planning process. Click here for the full article: “Best Situs for DAPTs in 2019.”

Trusts & Estates Magazine’s findings regarding South Dakota’s domestic asset protection trust statute are particularly compelling when considered in conjunction with the fact that South Dakota…

• Is generally regarded by most practitioners and academics, including Steve Oshins, a Nevada attorney, as being the best Dynasty Trust state and having the best Decanting Statute in the nation.
• Unequivocally has the most robust privacy laws in the country, as pointed out by an article appearing in the January 2018 edition of Trusts & Estates Magazine comparing U.S. trust jurisdictions wherein the author noted, “Of the top tier trust jurisdictions, South Dakota has the best trust privacy laws.”
• Is one of only two states with a Community Property Trust, a compelling tax planning tool for spouses.
• Is the only state in the country with the Family Advisor, referred to as a “Trust Protector Light.”
• Has one of the lowest insurance premium tax in the nation at 8 basis points.

When all of these attributes are considered in the aggregate, South Dakota clearly emerges as the superior trust jurisdiction in the nation. Click here for a well-researched chart comparing the leading U.S. trust jurisdictions, with a particular emphasis on areas that clearly distinguish South Dakota as the superior trust jurisdiction in the overall analysis.

For more information on domestic asset protection and other modern trust laws, please contact Bridgeford Trust via our contact page.

Bridgeford Trust Company is proud to have our recent merger broadcast on Asset TV! Asset TV is a digital media company recognized as the leading global community broadcasting market and is a resource for 400,000 advisors, pension funds, consultants, family offices, and wealth managers across the globe. Asset TV’s videos are linked to some of the biggest financial websites around the world, including Bloomberg.

The site is a great resource for Financial Advisors, RIA’s, Broker-Dealers, and institutional investors and we encourage you to check it out! Our video can be seen by clicking here.

We’re excited about having the “New Bridgeford Trust” featured on this prominent resource for the global investment management industry, as well as our digital media presence globally on YouTube, LinkedIn, Twitter, and Facebook.  Follow Bridgeford Trust Company on all of these social media outlets to stay up-to-date on current wealth management trends and the power of modern trust laws, delivering far more direction and control to settlors of trusts, beneficiaries, and their advisors than ever before.

For the 7th consecutive year, South Dakota is again ranked as being the top Dynasty Trust state in the nation while Delaware, long considered a top tier trust jurisdiction, slips again in the rankings to the 8th position. A Dynasty Trust, not available in all states, is a powerful planning tool that essentially allows a trust to live in perpetuity (forever), therefore never subjecting the assets to federal estate taxation through a forced distribution. South Dakota was the first state in the nation to abolish the Rule Against Perpetuities in 1983, clearing the way for the creation of the first Dynasty Trust.

The rankings chart, an annual ranking of Dynasty Trust states from across the country published by Nevada attorney Steve Oshins, is an excellent resource for advisors and clients because of the methodical and objective approach to evaluating the factors that impact the viability of Dynasty Trust states, such as whether they have an asset protection statute and how effective it is in comparison to other states. In addition, the chart considers state taxation on trusts and whether the state has a decanting statute. The chart accentuates the vital importance of considering alternative trust jurisdictions in the wealth and trust planning process to ensure that clients are availing themselves of the most progressive trust laws in the country, particularly in the area of Dynasty Trust formation, which continues to be a very hot topic.

A very important factor to consider relative to whether a Dynasty Trust state is the best for clients, which is not considered in Steve Oshins’ chart, is privacy. States have different privacy provisions protecting information contained in a trust from becoming public. Most states have no privacy provisions and in Delaware, after 3 years, sealed trust information can become public. South Dakota is the only Dynasty Trust state that has a total seal on trust information forever, prompting Trusts & Estates Magazine to observe,

“Of the top tier trust jurisdictions, South Dakota has the best trust privacy laws.”

Clearly, this is also an important factor to consider when determining where to place a trust in the wealth planning process. Click here for more information about South Dakota’s powerful privacy provisions.

Other important factors not considered in Steve Oshins’ chart are the availability of the Special Purpose Entity, as well as the newly created Community Property Trust and Family Advisor, powerful planning tools not available in other U.S. trust jurisdictions that deliver far more direction and control over trust creation and administration to settlors of trusts, beneficiaries, and their advisors than ever before. Learn more about these very progressive and cutting edge trust laws offered by South Dakota, and view an objective chart comparing top tier trust jurisdictions by clicking here.

Steve Oshins’ chart can be viewed by clicking on the image below.

For more information regarding Dynasty Trusts, please contact Bridgeford Trust via our contact page.

 

Bridgeford Trust Company invites you to join us for a free webinar on Wednesday, October 17 at 2pm EST.

Modern trust laws, including directed trust, trust protector, and the newly created family advisor, have revolutionized the trust industry in the United States. During this webinar, David Warren, Chairman of the Board/Co-Founder of Bridgeford Trust Company and President/CEO of Bridgeford Advisors, will highlight how these modern progressive trust laws, found only in a handful of states including South Dakota, have drastically changed how trusts are created and administered, delivering far more control and direction to settlors of trusts, beneficiaries, and their advisors than ever before.

This webinar will:

• Examine the directed trust, trust protector, and family advisor role in detail and how these concepts combine to deliver tremendous control and direction to settlors of trusts and beneficiaries over many important aspects of trust administration, including investment and distribution decisions.
• Consider South Dakota’s Special Purpose Entity and how this unique planning nuance, only available in South Dakota, can provide even more control and protection for settlors of trusts and the advisors that serve in various fiduciary roles within the directed trust structure.
• Explore the concept of decanting in the context of the direction and control this powerful planning tool brings to beneficiaries of trusts and their advisors looking to “breathe new life” or otherwise modernize older trusts.

 

Additional Details

Wednesday, October 17 at 2pm EST

 

This free, one hour-long webinar will take place on Wednesday, October 17 at 2:00 p.m. EST. Check out the video below for a quick look into what David will be discussing during the webinar.

 

We look forward to you joining us for this webinar! Remember to visit our insights page to explore the many avenues of information Bridgeford Trust Company offers to keep you updated on developments regarding modern trust law and providing practical discussion on powerful planning opportunities available to advisors around the country and the world.