Wyoming Qualified Spendthrift Trust

According to the State Business Tax Climate Index published by the Tax Foundation, Wyoming ranks as the best state to do business in the United States. One of the most important reasons for the lofty ranking is that Wyoming does not have a corporate or an individual income tax. The state also does not tax estates, capital gains or gifts. Wyoming also attracts residents and businesses because the state allows for the creation of a Wyoming Qualified Spendthrift Trust.

The fee charged by family law attorneys to create this type of trust depends on how complicated it is to open the trust. Most clients pay $15,000 for a trust and accompanying private trust company.

If you want to create a Wyoming Qualified Spendthrift Trust, you must follow the general trust formation laws of the state.

You will also need to meet the following legal criteria:

• Appoint one eligible trustee of the trust
• The eligible trustee must reside in Wyoming
• The client is not allowed to become the trustee of the trust
• The client has the legal authority to replace a trustee after opening a trust
• Since the trust is irrevocable, it cannot be amended or revoked by the client
• When establishing the trust, the client must name the beneficiaries
• Trustee possesses the legal power to manage and invest the assets in the trust
• The client can serve as an investment advisor to the trustee
• The client has the right to veto proposed distributions made from the trust

Although the advantages outweigh the disadvantages of opening this type of trust, you should be aware of one concern that can have a negative impact on your financial decision.

Conflict of State Laws

There remains doubt about whether the guidelines for opening this type of trust in Wyoming carry the same legal weight in an out-of-state court. Although several states have enacted laws that permit the creation of this type of trust, a majority of states prohibit the establishment of Qualified Spendthrift Trusts. Wyoming Statute Section 4-10-552 states that if an out-of-state court refuses to honor the Wyoming statutes that define a Qualified Spendthrift Trust, then the trustee has the right to resign.

In leveraging Wyoming's favorable tax climate, the Wyoming Qualified Spendthrift Trust emerges as a powerful tool for asset protection. Offering comprehensive safeguards against creditors, liabilities, and court judgments, this trust secures assets for future generations. While legal criteria and costs are factors to consider, the potential benefits make it a compelling financial strategy. However, navigating potential conflicts of state laws requires careful consideration and professional guidance to ensure the trust's efficacy and uphold its protective measures.