Ranking Domestic Asset Protection Statutes; South Dakota ranked in the Top Tier, Delaware and Alaska considered Second Tier

Domestic Asset Protection Trusts, available only in a small number of states, are a formidable planning strategy that legally shields assets from third party liability (including spouses in a divorce proceeding) and law suits 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 the January 2017 issue of Trusts & Estates Magazine, trustsestatesauthors Mark Merric and Daniel G. Worthington closely and objectively examine domestic asset protection trust statutes in the context of various factors including a state’s discretionary support statute and alter-ego statute. Read more

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Join Bridgeford Trust at Heckerling Institute on Estate Planning for a Co-Sponsored Reception Celebrating South Dakota Trust Law

heckerlingBridgeford Trust is co-sponsoring a cocktail reception on January 11th, celebrating South Dakota’s progressive, sophisticated, and industry leading trust laws at the 51st Annual Heckerling Institute on Estate Planning from January 9th-13th in Orlando, Florida.

If you are attending Heckerling, we encourage you to join Bridgeford Trust and advisors from around the country and the world for “It is Time to Consider the Advantages of South Dakota,” a great informational event and networking opportunity. 

To learn more and to register for this exclusive reception, click here! We hope to see you there!

 

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The South Dakota Dynasty Trust

BF-SquareSouth Dakota was the first state in the nation to abolish the Rule Against Perpetuities in 1983, clearing the way for the creation of the Dynasty Trust. 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.

Watch the video below to learn how Dynasty Trusts work and why South Dakota is considered to be the top Dynasty Trust state in the nation.

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

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South Dakota is Top U.S. Trust Jurisdiction for Dynasty Trusts for 5th Consecutive Year

For the 5th 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 to the 7th 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 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. Read more

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The South Dakota Trust Protector

The Trust Protector concept is a modern trust law tool, often used in conjunction with a Directed Trust, that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before. The inclusion of a Trust Protector allows the settlor, beneficiaries, and their advisors to modify and control many important aspects of the trust and provide direction to the trustee with respect to investment management, jurisdiction, and trust distributions. Acting as a “super trustee,” the Trust Protector concept enhances the control aspects of the Directed Trust because it provides for direction or restraint of powers of the trustee. Read more

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South Dakota Family Advisor

South Dakota is the first state in the nation to enact progressive new legislation creating the South Dakota Family Advisor. The Family Advisor is yet another South Dakota modern trust law tool that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before, when used in conjunction with a Directed Trust.

Appropriately referred to as a “Trust Protector Light,” because of its non-fiduciary status and limited powers, the South Dakota Family Advisor is an excellent option for settlors of trusts and beneficiaries who may want family advisors, such as attorneys, CPAs, or investment advisors, to have some control and input over important aspects of trust administration without elevating the position to that of a fiduciary, which carries with it heightened liability that may deter advisors from serving. Read more

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Bridgeford Trust to Present at the HighPoint Institute on September 15

highpointDavid Warren, President and CEO of Bridgeford Trust, will be presenting at the HighPoint Institute’s September event. The Highpoint Institute is an educational seminar platform for financial and business professionals looking to enrich the client experience with the latest on estate planning. The event has been approved for the following professional continuing education credits: CFP, CPA, LI®, CLU®, RICP®, ChFC®, CLF®, CASL®, ChSNC™, CAP®, and FSCP.

David’s presentation – What Your Clients May Be Losing By Having Their Trusts in Pennsylvania – will highlight the paramount importance of selecting the proper trust jurisdiction. Awareness of the tax, asset protection, and privacy advantages of modern trust laws is vitally important in the wealth planning process. Read more

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The South Dakota Family Advisor: “Trust Protector Light”

Proving once again South Dakota’s status as the premier U.S. trust jurisdiction and the vital importance of proper situs selection in the trust planning process, South Dakota is the first state in the nation to enact progressive new legislation creating the South Dakota Family Advisor (for a definition of terms, reference 55-1B-1). The Family Advisor is yet another South Dakota modern trust law tool that delivers far more control to settlors of trusts, beneficiaries, and their advisors than ever before when used in conjunction with a Directed Trust. Read more

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Bridgeford Trust to Co-Sponsor and Speak at McKonly & Asbury’s Collaborate 2016 Conference – September 27

Collaborate 2016 - SquareBridgeford Trust is proud to once again co-sponsor McKonly & Asbury’s Collaborate Conference. This fourth annual business and tax conference features a variety of topics and speakers, including general sessions and breakout sessions for attendees to choose from, customized to past participant feedback as well as what’s trending in the business community. The conference is approved for 5.5 hours of Continuing Legal Education credits and 7 hours of Continuing Professional Education credits, and takes place on Tuesday, September 27, 2016 at the Hershey Lodge from 8:00am-5:30pm.

President and CEO of Bridgeford Trust Company, David A. Warren, will be presenting a breakout session entitled “Trust Taxation: An Untapped Planning Opportunity”. Read more

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Bridgeford Trust Featured in Private Wealth Magazine

pw_logoPrivate Wealth Magazine recently showcased a piece in their June issue entitled “The South Dakota Story” which offers a compelling look at how the state’s trust industry has evolved to meet the demands inherent with the massive transfer, preservation, and protection of wealth over generations through the creation of some of the most progressive trust laws in the nation.

David Warren, President and CEO of Bridgeford Trust, was featured in the piece and explains how Bridgeford Trust represents a new and emerging wealth management service paradigm through combining South Dakota’s modern trust laws and status as a no income tax state with  “advisor friendly” planning solutions. Read more

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