How a dynasty trust works
You fund the trust using your lifetime gift and GST exemption.
An independent trustee in a friendly situs administers distributions under broad standards, often with a trust protector who can adapt the trust to future law and family changes.
Common mistakes we fix
Drafting a dynasty trust under New York or New Jersey law, where the rule against perpetuities or trust income tax undermines the structure.
Failing to allocate GST exemption properly at funding, causing the trust to lose GST-exempt status at the first skip.
Naming a beneficiary as trustee with broad discretion, exposing the trust to inclusion in that beneficiary's estate.
New York, New Jersey & Ohio considerations
New York: NY has a 21-year rule against perpetuities and aggressive resident trust income taxation.
New Jersey: similar story — situs elsewhere to avoid NJ trust income tax on accumulated income.
Ohio: a strong dynasty trust situs in its own right — perpetual duration is permitted and the Ohio Legacy Trust Act adds asset protection.
How Legacy Counsel helps
We design dynasty trusts with the right situs, trustee structure, and protector framework — and coordinate funding with GST allocation on your gift tax return.