Resources

Estate planning is a complex and dynamic topic. The myriad of legal, tax and relationship issues that impact asset protection and generational wealth planning can be daunting. New, modern trust and trust tax laws have emerged to provide families with more options and more opportunities for innovative planning than ever before.

We like to provide our insights and experiences on topics we have found to be of particular interest to our clients and their advisers. Below is a collection of white papers and articles that address issues and topics that are often raised during the course of our work . We hope you find them helpful, and should they stimulate further questions or require additional explanation we invite you to contact us and we will be happy to help.

We are here to help

If you have specific questions about how a directed trust structure could fit your estate plans, please contact us.

ctcinquiry@concordtrustcompany.com

(NH) 603.219.0264

(SD) 605.646.0300

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Update:  New Rules for the Treatment of a Divorcing Spouse's Third Party Trust Interests in Divorce

 

Nine states have "community property" regimes.  The remaining states, including New Hampshire, are considered "common law property", or "equitable division" systems.  New Hampshire enacted changes to the pertinent provisions of its Trust Code concerning interests in discretionary and spendthrift trusts, protecting a beneficiary's interest in spendthrift or discretionary trusts in marital estates. 

 
New Hampshire:  Why the Granite State Still Rocks at Trust Administration

 

On June 20, 2006, New Hampshire adopted the "Trust Modernization and Competitiveness Act of 2006."  The purpose of the TMCA is "to establish New Hampshire as the best and most attractive environment in the nation for trusts and trust services."

 
South Dakota Trust Law Update - 2020 Edition

 

South Dakota Attorney Patrick Goetzinger of GPNA LLP provides his annual update on South Dakota Trust Law.  This article highlights some of the most recent developments resulting from the Governor's Task Force on Trust Administration and Reform (TTF). 

 
ACTEC - Twelfth Comparison of the Domestic Asset Protection Statutes

 

New Hampshire and South Dakota are leading jurisdictions for Domestic Asset Protection Trusts (DAPT).  This ACTEC chart highlights three subjects designed to summarize case law surrounding DAPTs and compares DAPT statutes among the states that handful of states that have enacted DAPT statutes.  

 
South Dakota Trust Law:  Pulling Back the Curtain A Soup to Nuts Tour of South Dakota Trust Law

South Dakota was ranked by Trust & Estates periodical as the number one trust jurisdiction.  Don't just take our word for it.  Instead, examine what makes South Dakota home to one of the top trust jurisdictions in the world. 

Directed Trusts: Enabling More Control & Flexibility through Multi-Participant Trust Structures

 

Trust law is evolving in the United States, and New Hampshire and South Dakota have enacted some of the most progressive trust laws in the country. Part of this progression includes the development of open architecture techniques for trust governance. Careful and thoughtful use of directed trust structures will provide new opportunities that will empower families and provide comfort to fiduciaries.

 

Emerging Directed Trust Company Model

 

Challenging the Industry Dominance of Bundled Service Providers and Promising Greater Flexibility and Lower Fees for Families and Their Advisors.

 

Moving a Trust from Massachusetts to New Hampshire to Avoid Continuing State Income Tax

To What Extent Can Massachusetts Residents Continue to Serve the Trust in Non-Trustee Capacities without Jeopardizing the Trust’s Non-Resident Status?

Best Practices for Creating and Administering Self-Settled “Qualified Disposition Trusts” (“QDTs”)

 

Leveraging the Legal Framework of a Favorable State Such as New Hampshire.

 
Special Spousal Trusts 

Enhancing its status as a premier trust jurisdiction, South Dakota has enacted legislation authorizing married couples to form a trust and achieve a 100% stepped up cost basis on trust assets specifically designated as community property. South Dakota joins Alaska and Tennessee as the only states specifically authorizing such trusts.

Primer on Domestic Asset Protection Trusts
A family doesn't need to reside in a state with asset protection statutes in order to avail themselves of their estate planning benefits.  In September 2008, New Hampshire signed in to law the "Qualified Dispositions in Trust Act", allowing families from all over the world to benefit from New Hampshire's progressive asset protection statutes.
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