A Practice of Jacobs Counsel LLCServing NY · NJ · OH — Vol. 2026
Legacy Counsel
Dynasty TrustLegacy Counsel

Dynasty Trust Attorney

Quick answer: A dynasty trust is a long-duration irrevocable trust designed to hold wealth for children, grandchildren, and beyond — free of estate and generation-skipping transfer (GST) tax at each generation, and protected from beneficiaries' creditors and divorces.

Key Points

  • Who it is for: families with multi-generational wealth goals, founders post-exit, and clients who want to protect descendants from creditors and divorces
  • What it solves: estate and GST tax recurring at every generation, and direct ownership exposing beneficiaries to lawsuits and divorces
  • Funded using lifetime gift and GST exemption — approximately $15M per individual in 2026 under current federal law (subject to change)
  • Situs selection is everything: New York and New Jersey are poor situses for dynasty trusts

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.

Frequently Asked

How long can a dynasty trust last?+

It depends on situs.

Do beneficiaries have access?+

Yes — through trustee distributions.

Is a dynasty trust the same as a generation-skipping trust?+

All dynasty trusts use GST planning, but not every GST-exempt trust is structured for perpetual or multi-generational duration.

What if tax law changes?+

Trust protector and decanting provisions let us adapt the trust to future law without re-creating it.

Related

Next Step

Talk to Legacy Counsel.

Fixed-fee estate planning for clients in New York, New Jersey, and Ohio.

Drew Jacobs is licensed in New York, New Jersey, and Ohio. Nothing on this page constitutes legal advice or an offer to represent you in a jurisdiction in which we are not licensed.

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