Archive for May, 2010
WSJ Reports on Firm That Helps Wealth Advisors Start Trust Companies
MARSHFIELD, Mass., May 28 /PRNewswire/ — The Wall Street Journal recently profiled Advisors Institutional Services in the context of increased interest from wealth managers, investment advisors, broker-dealers and other financial institutions in creating and operating trust companies in South Dakota.
As the WSJ story points out, South Dakota is becoming the top choice for trust providers. With ten new launches this year and a roster of 50 institutions currently conducting trust business in the wealth-friendly state, it’s easy to see why banks and advisors alike are flocking to South Dakota.
Advisors Institutional Services helps financial professionals, law firms, pension plan administrators and banks determine whether a South Dakota-based trust company would complement their current service offerings and, if so, assists them in applying for a trust company license in the state and lining up operational support.
Most recently, Advisors International helped Pittsburgh-based fund processor Mid Atlantic Capital Group apply for a South Dakota trust charter, said President Les Revzon.
“The aging of the baby boomers has created an enormous need for trust services,” Mr. Revzon said. “Our outstanding launch team has helped both boutique wealth managers and large institutions like Mid Atlantic Capital Group – which has $19 billion on its platform — compete in this increasingly important market.”
In fact, the WSJ story highlights a 2007 study by asset manager Franklin Templeton that concluded that some independent investment advisors could see 80% of the assets they manage move into trust accounts over the next decade as aging clients retire.
“A full 40% of today’s wealthiest Americans have no will or trust in place,” Mr. Revzon said. “The opportunities for those who provide such services are enormous.”
South Dakota offers would-be trust providers numerous operational advantages, including low capital requirements, no state taxes on corporations or individuals, the ability to support all major types of trust structures (including asset protection trusts and multi-generational or “dynastic” trusts), and a favorable view on out-of-state entities setting up trust representative offices elsewhere.
For more on the opportunity that operating a trust business in South Dakota represents for financial professionals around the country, Advisors Institutional Services has published a special report, “Launching a South Dakota Trust Company: Guide to Operating Nationwide.”
Dow Jones Weighs in on South Dakota Trusts
Dow Jones is not blind to either the burgeoning interest in South Dakota as a trust-friendly jurisdiction or state regulators’ desire to make sure trust companies that set up shop are well capitalized and high quality.
Here’s an excerpt from DJ reporter Arden Dale’s recent article:
South Dakota began making a push to attract trust business with a key statute it put on the books in 1995. It now ranks with Delaware, Nevada and Alaska as one of the most popular places to set up a trust company.
South Dakota historically has attracted an especially large number of private trust companies, which are run by family members. About five years ago, though, more public companies began coming in, according to Bret Afdahl, division counsel at the South Dakota Division of Banking.
The state updates its trust law annually, through a governor’s task force on trust administration …
Bickering Senators Delay Estate Tax Fix
Posted by Scott Martin in News on May 22nd, 2010
More chest-pounding tactics between lawmakers imperil speedy resolution for long-term estate tax repair. Senator Baucus’ office told us deal is far from complete.
With Democratic leadership and Republicans blaming each other, it looks like negotiations to roll back the currently repealed federal estate tax to 2009 levels when it kicks back in next year have been wrecked.
A staffer in Finance Committee chairman Max Baucus’ office told me that “Republican objections” had stalemated recent progress toward estate tax clarity.
Since the deal would have given Republicans just about everything they’ve asked for, including a $5 million exemption (rising with inflation) and a 35% maximum rate, those objections were more about Senate procedure than the tax code.
From the Republican camp, John Kyl of Arizona, Senate minority whip, threw the blame back across the aisle.
“We no longer have an agreement,” he told reporters, “because the Democratic side has decided that unless a matter has a guaranteed majority of Democratic votes going in, they’re not going to allow it on the floor.”
Reading between the lines
What Kyl means is that while Baucus and other leading Democrats been ready to deal, many rank-and-file party members would probably balk any serious estate tax overhaul until after the November elections.
If the Senate does nothing, the tax resets on January 1 with an exemption of $1 million and a maximum rate of 60%. Senator Bob Casey of Pennsylvania estimates that maybe 80% of his fellow Democrats are willing to let this happen because, in his words, tax relief for wealthy families looks “offensive” given massive federal revenue deficits.
As the Baucus aide told me, it boils down to not enough votes even if all Republicans are on board. “He understands the political realities of what can pass the Senate,” she says.
Estate planners are disappointed, but not surprised.
“It can be almost impossible to cut through the Washington chatter, but it’s basically shenanigans as usual,” says New York attorney Martin Shenkman. “The underlying mood is that tax rates across the board are rising, and estate tax is part of that conversation,” he added.
Shenkman wouldn’t be stunned to see the Senate run out the clock and let the exemption reset at $1 million, even though that would expose about seven times as many families to estate tax liabilities.
Of course, that would keep Shenkman and his peers busy. Wider estate tax concerns naturally feed interest in trusts and other estate planning vehicles designed to reduce the size of a taxable estate, minimizing the eventual IRS bill or eliminating it altogether.
Paying the death tax in advance
Early gossip around the now-stalled deal focused on whether it would give people the option of paying estate tax while they’re still alive.
On the surface, the idea of transferring property into what Kyl calls a “prepayment trust” is interesting, not to mention a potential growth business for trust companies.
But in practice, there doesn’t seem to be a compelling argument for wealthy families to assign their assets to one of these vehicles and pay their estate tax in installments when they can simply go with an old-fashioned irrevocable trust instead.
While Kyl will probably keep pushing the idea in future negotiations, it’s probably not going to go anywhere.
Likewise, talk of restoring the estate tax in 2010 and making it retroactive to the beginning of the year seems to have fizzled out. Every day the Senate drags out the process makes any retroactive tax a bigger headache for executors. If we don’t get any action before November, the odds drop to near zero.
Nobody expected things to drag on as far as they have. “It’s incredible that Congress had nine years to fix this and not only waited until the deadline, but went past the deadline,” says Jonathan Siegel, a law professor at George Washington University.
“They’re like college students who waited until something was due and then pulled an all-nighter,” he added. “That’s too crazy, even for Congress.”
Scott Martin, contributing editor, The Trust Advisor Blog.
Permalink: http://thetrustadvisor.com/news/estatefix
Nevada Lawyer Offers Teleconference to Promote Asset Protection Trusts
Advisors who want to learn more about the differences between asset protection trust states should get a good running start from an upcoming teleconference.
Estate planner Steve Oshins of Las Vegas firm Oshins & Associates will be on hand on Thursday, June 10, to explain the inner workings of asset protection trusts and the differences between how different states handle these vehicles, which are designed to shield wealth from litigation.
The event is $99 and according to the promotional material there will be a Q&A at the end of the hour-long seminar.
For more details and registration information, take a look at http://www.ultimateestateplanner.com/DAPT.html.



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