The American Republic
How do trust protect privacy and property?
Not subject to government control.
In the words of courts, "The trust is a common law entity formed by contract, and thus is not subject to the same types of state regulation as a corporation. Elliott v. Freeman, 220 U.S. 128; Crocker v. Malloy, 39 U.S. 270. Schumann-Heink v. Folsom, 159 NE 250.
"Where trustee is invested with discretion in administration of his trust, exercise of discretion is not subject to control by the courts unless it is shown that an abuse of discretion has occurred." In re Wills’ Estate, 448 P.2d 435.
"Judgment-proofing"
Your liability, for accident or injury, extends only as far as the value of your assets. If you don’t own it, you can’t lose it. By divesting yourself of all personal ties to property, you protect that property from liability, and vulnerability, for your actions.
The complexity of a trust structure depends on your personal and financial situation. The primary benefit of using trusts to allocate and protect assets is that trusts are contracts, and if used properly, are not subject to government control.
Protection from...
Personal & Business Liability
Inheritance tax & Probate costs
Invasions of Privacy
Undue Tax Burdens
Personal & Business Liability
Everything you own, your home, its furnishings, even your business, is at risk. Whether it be an automobile accident, or even a simple, "slip and fall," on your property, your assets, your home and business, the product of your life’s work, the estate you’ve built for your family to carry on, could be lost to a liability claim.
You can protect your family from marauding attorneys through the effective use of trusts to shield property, savings, and investments.
Inheritance tax & Probate costs
Probate is the legal process through which a court sees that your debts are paid and your assets distributed according to your will (or, if you don’t have a valid will, by state law, in each state where you own property). Actual debts, legal/executor fees and other costs must be paid before your assets can be distributed to your heirs. Costs (usually estimated at 3-8% of an estate) have been known to consume entire estates.
During probate, assets are usually frozen. Nothing can be distributed or sold without court and/or executor approval. If your family needs money to live on, they must request a living allowance, which may be denied.
You can protect your family from frozen assets legal/executor fees and other costs through the effective use of trusts.
Invasions of Privacy
Probate is a public process, so any "interested party" can see what you owned and who you owed. Disgruntled heirs may contest your will and expose your family to unscrupulous solicitors, AND
If you can’t conduct business due to mental or physical incapacity (Alzheimer’s, stroke, heart attack, etc.), only a court appointee can sign for you-even if you have a will. (A will only goes into effect after your death.) Once the court gets involved, it, not your family, controls how your assets are used, until you recover or die. This public process can be expensive, embarrassing, time consuming and difficult to end if you recover. And it does not replace probate at death; your family could have to go through the court system twice!
You can protect your family from the cruelties of probate through the effective use of trusts.
Undue Tax Burdens
Although the, "tax man," would lead you to believe otherwise, "The legal right…to decrease the amount of what otherwise would be…taxes or altogether avoid them by means which the law permits, cannot be doubted."1
Trusts are an effective and legal means of exercising that legal right to decrease, "your," taxes in the same way that accountants recommend incorporating. Instead of forming a corporation, and, "hiring," family members to work (making the kids’ allowance their paycheck) and subjecting yourself to even higher (corporate) taxes, and invasions of privacy (annual reports), you can accomplish the same goal privately, through trusts.
You can protect your family from the rape of your estate by greedy governments through the effective use of trusts.
1 United States Supreme Court: Gregory v. Helvering, 293 U.S. 465
For more information, please contact us.
How do trust protect privacy and property?
Not subject to government control.
In the words of courts, "The trust is a common law entity formed by contract, and thus is not subject to the same types of state regulation as a corporation. Elliott v. Freeman, 220 U.S. 128; Crocker v. Malloy, 39 U.S. 270. Schumann-Heink v. Folsom, 159 NE 250.
"Where trustee is invested with discretion in administration of his trust, exercise of discretion is not subject to control by the courts unless it is shown that an abuse of discretion has occurred." In re Wills’ Estate, 448 P.2d 435.
"Judgment-proofing"
Your liability, for accident or injury, extends only as far as the value of your assets. If you don’t own it, you can’t lose it. By divesting yourself of all personal ties to property, you protect that property from liability, and vulnerability, for your actions.
The complexity of a trust structure depends on your personal and financial situation. The primary benefit of using trusts to allocate and protect assets is that trusts are contracts, and if used properly, are not subject to government control.
Protection from...
Personal & Business Liability
Inheritance tax & Probate costs
Invasions of Privacy
Undue Tax Burdens
Personal & Business Liability
Everything you own, your home, its furnishings, even your business, is at risk. Whether it be an automobile accident, or even a simple, "slip and fall," on your property, your assets, your home and business, the product of your life’s work, the estate you’ve built for your family to carry on, could be lost to a liability claim.
You can protect your family from marauding attorneys through the effective use of trusts to shield property, savings, and investments.
Inheritance tax & Probate costs
Probate is the legal process through which a court sees that your debts are paid and your assets distributed according to your will (or, if you don’t have a valid will, by state law, in each state where you own property). Actual debts, legal/executor fees and other costs must be paid before your assets can be distributed to your heirs. Costs (usually estimated at 3-8% of an estate) have been known to consume entire estates.
During probate, assets are usually frozen. Nothing can be distributed or sold without court and/or executor approval. If your family needs money to live on, they must request a living allowance, which may be denied.
You can protect your family from frozen assets legal/executor fees and other costs through the effective use of trusts.
Invasions of Privacy
Probate is a public process, so any "interested party" can see what you owned and who you owed. Disgruntled heirs may contest your will and expose your family to unscrupulous solicitors, AND
If you can’t conduct business due to mental or physical incapacity (Alzheimer’s, stroke, heart attack, etc.), only a court appointee can sign for you-even if you have a will. (A will only goes into effect after your death.) Once the court gets involved, it, not your family, controls how your assets are used, until you recover or die. This public process can be expensive, embarrassing, time consuming and difficult to end if you recover. And it does not replace probate at death; your family could have to go through the court system twice!
You can protect your family from the cruelties of probate through the effective use of trusts.
Undue Tax Burdens
Although the, "tax man," would lead you to believe otherwise, "The legal right…to decrease the amount of what otherwise would be…taxes or altogether avoid them by means which the law permits, cannot be doubted."1
Trusts are an effective and legal means of exercising that legal right to decrease, "your," taxes in the same way that accountants recommend incorporating. Instead of forming a corporation, and, "hiring," family members to work (making the kids’ allowance their paycheck) and subjecting yourself to even higher (corporate) taxes, and invasions of privacy (annual reports), you can accomplish the same goal privately, through trusts.
You can protect your family from the rape of your estate by greedy governments through the effective use of trusts.
1 United States Supreme Court: Gregory v. Helvering, 293 U.S. 465
For more information, please contact us.
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