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Trust or Family Limited Partnership

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TrustUser

Senior Member
hi tq,

my response has only to do with trusts. here is a url you may want to look at.

i am not sure that we are in disagreement, but what i am talking about is the ability to keep assets in trust, indefinitely, as opposed to the more typical perpetuity laws that had been present.

http://www.yalelawjournal.org/pdf/115-2/SitkoffSchanzenbach.pdf

here is the start of page 4.

By the end of 2004, twenty states had validated perpetual trusts by
abolishing the centuries-old Rule Against Perpetuities1 as applied to interests in
trust. The driving force behind the erosion of the Rule was not a careful
reconsideration of the ancient common law policy against perpetuities, but
rather a 1986 reform to the federal tax code. Under the 1986 Code (as amended
through 2005), a transferor can pass $1 million during life, or $1.5 million at
death, free from federal wealth transfer taxes.2 By passing this $1 million or
$1.5 million in trust, a transferor can ensure that successive generations benefit
from the trust fund, free from federal wealth transfer taxes, for as long as state
perpetuities law will allow the trust to endure. In a state that has abolished the
Rule, successive generations can benefit from the trust fund, free from
subsequent federal wealth transfer taxation, forever.
 


garrula lingua

Senior Member
Be careful if you are drafting a trust which violates the RAP.
Charitable trusts have exceptions.
There are so many trusts - you can create one for any reason.
However, it would be wise to keep it simple and consider the purpose.

Trusts do perform well in certain circumstances - but they often fail in their purpose due to the trust never being funded.
Unfortunately, they can also be a scam, sold by trust mills to people who never needed one.

Regarding Tx, we have one of the most lenient probate procedures. With the new Estate Code coming, an inventory & Appraisement won't be mandated, which will allow for privacy regarding assets going through probate.
Unfortunately, if people want to, they can litigate ... I have two on-going trials regarding trusts ...

OP, did you ask your attorney about the option of an L.L.C. ?
That might be advisable for the business portion ...
OP, did
 

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