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Which Situs Is Best?Which Situs Is Best?
The unsettled estate tax environment and harsh economic climate have created a new competitiveness: to be considered the jurisdiction for trusts and win the most trust business. Clients certainly are benefitting. If they select the right jurisdiction for their particular set of needs, they may be able to transfer wealth for generations, even perpetually, without paying additional state and federal
Daniel G. Worthington & Mark Merric
The unsettled estate tax environment and harsh economic climate have created a new competitiveness: to be considered the “best” jurisdiction for trusts and win the most trust business. Clients certainly are benefitting. If they select the right jurisdiction for their particular set of needs, they may be able to transfer wealth for generations, even perpetually, without paying additional state and federal transfer taxes.1
The challenge for advisors, of course, is to help clients pick the right jurisdiction. That task usually involves evaluating how a jurisdiction has formulated its trust laws, including its rule against perpetuities (RAP) — the rule that essentially makes sure an interest in a trust vests...
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