In the past 15 years, many jurisdictions known for flexible trust laws such as Alaska, Delaware, Nevada, South Dakota and Wyoming have seen an increasing modernization of trust laws. This trend also seems to be spreading to many states that previously haven’t been considered when thinking of flexible trust laws. Given the advent of directed trusts, decanting, quiet trusts, self-settled asset protection trusts and various other modern trust laws that began developing years ago, we now have experience with administering trusts under these flexible trust laws. We’re finding that with these new horizons come issues that likely didn’t exist before. Two areas that tend to go hand in hand are decanting (that is, distributing assets from an old ...
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