Frequently Asked Questions
What states are best for dynasty trusts?
South Dakota, Nevada, Delaware, and Alaska are the most commonly used states for dynasty trusts because they have abolished or dramatically extended the Rule Against Perpetuities, allowing trusts to last indefinitely. South Dakota and Nevada are particularly popular due to strong asset-protection statutes, no state income tax on trust income, and flexible directed-trustee structures. You do not need to live in these states - you simply need a qualified trustee with a physical presence there. Other favorable states include Wyoming, Tennessee, and Ohio. Always work with an attorney licensed in the chosen situs state.
How much do you need to set up a dynasty trust?
Most estate attorneys and institutional trustees consider $1 million the practical minimum to justify the ongoing costs of a dynasty trust. Legal drafting fees typically run $5,000-$15,000 for a well-structured multi-jurisdictional dynasty trust. Annual trustee fees for an institutional directed trustee (common in South Dakota and Nevada structures) generally run 0.25%-0.75% of trust assets per year, plus investment management fees. For trusts below $1M, simpler structures like a standard credit-shelter trust or generation-skipping trust may accomplish similar goals at lower cost. This is general information, not legal or financial advice.
How does GST exemption allocation work in a dynasty trust?
The Generation-Skipping Transfer (GST) tax exemption must be formally allocated to the trust to shield distributions to grandchildren and more remote descendants. Allocation is either automatic (if the trust qualifies as a GST trust under IRC 2632(c)) or elected on IRS Form 709 (the gift tax return) in the year of the transfer. Allocating exemption early - when trust assets are lower - is strategically powerful because the exemption shelters all future appreciation inside the trust. A $5M gift with $5M of GST exemption allocated can grow to $50M without ever paying GST tax. Consult an estate attorney and track your remaining lifetime exemption carefully.
What happens when a dynasty trust runs out of GST exemption?
If a dynasty trust distributes assets to a skip person (grandchild or more remote descendant) and there is insufficient GST exemption allocated to cover the distribution, the distribution triggers GST tax at a flat 40% rate in addition to any applicable gift or estate tax. The trust itself may also have an "inclusion ratio" above zero, meaning a portion of every distribution is subject to GST tax. Planners typically allocate full exemption at funding to achieve a zero inclusion ratio. If the trust grows beyond the exemption allocated, careful distribution planning (favoring non-skip persons first) can minimize ongoing GST exposure. This is educational, not tax advice.
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