Milpitas, CA estates & probate attorney Elijah Keyes discusses how a dynasty trust works. He explains that a dynasty trust is a strategic tool designed to protect younger generations from loss due to creditors, divorce, and, in some cases, federal estate taxes. Typically, a parent, aunt, or uncle will create a dynasty trust for a child, niece, or nephew. Instead of transferring assets directly to the beneficiary, the assets are placed into the trust. The child, as the sole beneficiary, may gain some control over investments or withdrawals at a designated age, potentially even serving as trustee.
While the assets remain in the trust, creditors face significant difficulty accessing them. Additionally, because the assets are not owned directly by the beneficiary, they are shielded from division in the event of a divorce. In less common scenarios, a dynasty trust also offers protection from estate taxes. Assets transferred into the trust are generally excluded from taxation upon the child’s death, allowing the trust’s value to grow over time without additional federal estate tax implications. In essence, the dynasty trust serves as a long-term, tax-efficient mechanism to preserve wealth and protect it for future generations.
