Tag: Trusts & Estates

The same instincts that drive people to seek maximum control and maximum simplicity over their wealth can blind them to the hard truths of preserving wealth and enjoying it peacefully. Whether you’re aiming for asset protection, tax efficiency, or meaningful privacy, deliberately separating yourself from direct control over your assets is not a barrier to overcome. That “friction” is the path to true strategic advantage. Architecting your structures is the fullness of wealth sovereignty.

Low Friction Ownership: The Illusion of Control

Owning assets outright–either in your personal name or in a simple revocable living trust–feels frictionless. You feel like you have 100% control. Transfers are easy. Access is immediate. There’s no complex structuring or heavy compliance burden. But what you gain in short-term convenience, you often pay for dearly in long-term vulnerability–especially as wealth builds.

Low-friction ownership leaves your assets exposed. Beyond local “homestead exemptions” and narrow statutory protections, assets are completely vulnerable to potential creditors. (With roughly half of all marriages ending in divorce, a large percentage of creditors share the same roof–and bed–with the defendant!) The value of these assets remains inside the owner’s taxable estate for both federal and state purposes, and all income streams remain subject to personal income tax.

For most individuals, estate tax is immaterial–either because their wealth is well below applicable estate tax exemptions or because they think death is a long way off. But many individuals are well above the most generous federal exemptions, and many live in states with much lower state estate tax exemptions. And while life expectancy is higher for ultra-affluent individuals than for the general population, humanity has not yet overcome mortality. It’s a sobering truth that life can end anytime, anyplace. “Life’s final auditor” doesn’t discriminate based on the strength of one’s balance sheet.

In sum: low friction equals low protection, low privacy, and zero tax leverage.

Moderate Friction Ownership: The Middle Way

Moderate friction is where many intelligent wealth strategies operate. These often include limited liability companies, family limited partnerships, irrevocable trusts with retained rights, grantor trusts, and other structures where the owner gives up some direct control while still keeping significant access.

Protection improves along this middle way–at least somewhat. Properly designed (and carefully operated) LLCs can shield against outside creditors’ claims. Certain irrevocable trusts can offer partial privacy. In some cases, tax strategies like S-Corp LLCs can lower self-employment taxes or shave income tax burdens at the margins.

Moderate friction strategies fall short when meaningful asset protection or significant tax planning is needed. Retained powers and interests are usually available to creditors and generally keep the value of the assets in your gross estate when you die. Above the estate tax exemption, federal tax hits at 40%. Some states add state-level tax on top. Moderate friction strategies have an important role to play, but they leave meaningful wealth exposed.

High Friction Ownership: Where Real Strategy Begins

“High-friction” strategies are where meaningful wealth preservation and structured sovereignty starts. This is the realm of independently-managed LLCs, bifurcated ownership structures, and irrevocable trusts specifically engineered to break the owner’s “dominion and control” for tax, asset protection, and privacy purposes. These strategies exchange unilateral, low-friction control for much higher levels of:

• Asset Protection: Wealth is shielded behind strong legal barriers, often governed by laws of much more private and robust jurisdictions. Family wealth remains beyond the reach of future creditors because the wealth is legally out of your hands—managed by people you choose for your benefit or for the benefit of your loved ones.
• Tax Planning: Irrevocable non-grantor trusts can shift some income out of high-tax states, reduce or eliminate state-level estate taxes, and remove wealth from your taxable estate – for generations.
• Privacy: Layered ownership provides cascading privacy. Intelligent, carefully-managed structures minimize your public footprint while maintaining legal integrity.

The central idea is simple: in order to preserve meaningful wealth, you must be willing to give up some direct, unilateral control over it.

Dominion and Control: The Critical Break

In estate and income tax law, “dominion and control” is the defining measurement. If you maintain full control over your assets–or the structures that hold your assets–the law will treat the assets as still yours. That’s true no matter how many fancy documents you’ve signed. This means the assets are still taxable to you and subject to the claims of creditors.

High-friction strategies often sever or sufficiently dilute your dominion and control to achieve:

• Income tax planning: shifting income to lower-tax jurisdictions, or into other tax-optimized strategies.
• Estate tax planning: removing value (and future growth) from your taxable estate.
• Asset protection: building a moat between creditors and your wealth.

Without legally severing your “dominion and control,” none of these benefits materialize. 

Designing the Right Balance: Friction vs. Access

Structured planning requires a blended, thoughtful approach. Overplanning can suffocate flexibility, unnecessarily constrain cash flow, and create more administrative burden than is appropriate. Thoughtful wealth strategy seeks to balance friction across layers:

• Low/No Friction: Use this sparingly. Maintain free access for personal liquidity and consumption/enjoyment, operating businesses, and other assets where access and flexibility outweigh the need for protection. Only apply “no friction” solutions to wealth you’re willing to lose.
• Moderate Friction: This level is best for wealth that requires active management, investment flexibility, or eventual transition to higher-friction structures. For many individuals and families, most wealth should be in “moderate friction” strategies.
• High Friction: Reserved for wealth intended for legacy, multi-generational family wealth, protection from major risks, and shielding from taxation over generations. Highest friction equals the highest protection but the lowest level of direct access for you.

In every case, the level of friction should match your planning priorities. Assets intended for long-term family prosperity deserve the strongest defenses. Assets reserved for consumption, opportunistic investment, or unstructured philanthropy can remain more freely available.

Embracing Friction to Build Real Resilience

The dream of seamless, instant, unrestricted ownership is alluring. Many people think this is “sovereignty.” But when wealth is designed to span lifetimes, friction isn’t a bug; it’s a feature. Sovereignty is intelligently designing the structures to manage your wealth.

If you’re serious about preserving wealth, maintaining privacy, and mitigating tax exposure, the question isn’t how to eliminate friction. It’s how much friction you’re willing to architect into your plan today–to buy resilience, protection, and autonomy for the future.

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This information is intended for general educational purposes only and should not be construed as legal or investment advice.

Preparing Heirs for Responsibility, Not Just Access

Many of our clients express concerns about preparing their heirs for what they perceive to be the social responsibility of inheriting wealth. While not all clients share this view, those who do tend to feel particularly strongly about the need to prepare their descendants for this responsibility, which often translates to philanthropy. This article addresses how families with this worldview can prepare younger generations for inheriting wealth in a socially responsible manner.

A Simple Life Lesson

The Lilly Family School of Philanthropy at Indiana University conducts extensive research on philanthropic behaviors across lifespan. This seems intuitive enough, but their studies consistently suggest that early exposure to philanthropic activities can significantly influence one’s propensity to engage in giving and volunteering in adulthood.

Years ago, a colleague described to me the steps she took to educate her young children in social responsibility and philanthropy. In addition to modeling with her own giving, once each of her children attained eight years of age, during the holidays that child would be “given” $50 to donate to charity. My colleague would also teach that child how to use charitynavigator.org and guidestar.org to research the charities that most efficiently address the causes the child wished to support.

In this way, her children not only learned about philanthropy, but they also learned the importance of evaluating charities so they could give more effectively. As her children grew older, my colleague would periodically increase their annual charity allocation until, upon attaining 18, she would give $500 to the child for a donation to his or her favorite charity or charities. This simple lesson provides the framework for how the family can educate younger family members about social responsibility.

The Role of Legal Structures in Teaching Social Responsibility

Private Foundations

Wealthy families typically have at least one legal structure through which socially responsible education can take place. Historically, wealthy families have used private foundations as the cornerstone for this education. With a private foundation, heirs could serve as members of the foundation’s Board of Directors or, alternatively, could serve in a more limited advisory role (e.g., to determine specific grant recipients) to the Board. In this way, young family members can begin learning about philanthropy – and seeing its impact – before reaching their teen years.

However, utilizing a private foundation for this education has limitations. First, members of the Board have a fiduciary duty that is often overlooked. Thus, placing minors in this position is ill advised. Moreover, a role with the family’s private foundation is, at best, limited to that foundation’s charitable activities. If it is a grant-making foundation, the activities are limited to its grants; if it is an operating foundation, the heirs may also be able to experience the “hands on” charitable work being done by that foundation.

Regardless of the type of foundation (operating vs. non-operating), involving heirs in only the foundation has additional limitations. First, the family’s philanthropy is often accomplished through multiple avenues, not just a foundation. For example, the family may have one or more charitable trusts. Thus, the foundation offers only limited transparency into the family’s total philanthropy.

In addition, many wealthy families also utilize impact investing to create a social impact with their non-philanthropic assets. By definition, involvement limited to the family’s foundation can, at best, provide visibility only to the investments of the foundation. Since foundations frequently encompass only a fraction of the family’s wealth, visibility limited to the foundation does not give heirs a complete picture of how the family’s wealth – not just its philanthropic dollars – are impacting society. Ideally the heirs have transparency as to the totality of the family’s impact, with at least some say in the areas impacted.

As an aside, Donor Advised Funds have gained in popularity in recent years due to their simplicity, reduced costs, and lack of compliance headaches as compared to private foundations. In theory, an heir’s participation in the family’s donor advised fund would be substantially similar to their participation as an advisory member of the family’s private foundation’s board.

Private Trust Companies

A relatively recent legal development, the advent of Private Trust Companies, is changing how family’s address philanthropy and thus social responsibility with intergenerational wealth. A Private Trust Company (PTC) is a trust company controlled by the family and established specifically to serve as the trustee of the family’s irrevocable trusts. (PTCs are in response to the perceived conflict, particularly with younger generations far removed from trust creators, between descendants, on the one hand, and trustees, on the other.)

PTCs are currently available by statute in only a limited number of jurisdictions, but most of these jurisdictions not coincidentally are also the top U.S. trust jurisdictions due to their favorable trust laws. Our preferred PTC jurisdictions are Nevada, South Dakota, and Wyoming, but others also have merit.

General PTC management is provided by a Board of Managers, typically comprised of family members and independent outsiders, including an administrator in the selected jurisdiction. Significantly, the family can select which jurisdiction’s laws are most appropriate and advantageous for them, given their assets, goals and objectives, desire for a regulated versus unregulated PTC, etc.

More granular PTC management is provided by a handful of PTC committees, which often include the following:

• Philanthropy Committee
• Investment Committee
• Owner Education and Family Governance Committee
• Discretionary Distribution Committee
• Amendment Committee
• Audit Committee

The first three of the committees listed above may be limited to family members, and the Philanthropy and Investment Committees in particular create the opportunity to give heirs a holistic view of the family’s philanthropy and socially impactful investments; as the heirs age, their participation can increase accordingly, giving them increased visibility in their areas of interest. For younger heirs, sub-committees allow targeted, limited participation in these key areas.

Also relevant here, the Owner Education and Family Governance Committee creates the framework for participation and decision-making going forward. More specifically, this Committee develops the family’s policies and guiding vision and values that regulate family members’ roles, rights, and responsibilities with the family enterprise and with each other. The overall goal of these activities is to prevent the splintering of the family and family enterprise in future generations. Studies show that the potential splintering of the family is far more likely to dissipate intergenerational wealth than loss of capital, particularly as the family moves multiple generations away from the original wealth builder(s).

Conclusion

The legal structure(s) adopted by the family can have a significant impact on younger family members’ understanding of social responsibility and philanthropy. More so than a private foundation, a private trust company can give the family an ideal training ground for teaching social responsibility, and PTCs provide multiple avenues for encouraging areas of interest, including philanthropy and investments via committees and sub-committees. When generational wealth is at play, a PTC can provide a structure that encourages family harmony over generations, reducing the likelihood of wealth dissipation.

PTCs are not a panacea, however, and there are hard costs and administrative burdens the family should consider. But under the right circumstances, a PTC may provide the best structure for family involvement in social responsibility, while also providing a succession vehicle for the family’s intergenerational wealth.

The Bespoke Group provides strategic guidance at every step—helping you design an ideal structure and personalized giving strategy that reflects your values, ideals, and passions. We work closely with you to ensure that both your structure and philanthropy drive meaningful impact in the areas that matter most.

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If you’re interested in learning more about Bespoke’s approach to private wealth management and how we can help you build a secure financial future, we invite you to reach out to us directly. We’d be happy to set up a confidential consultation at your convenience.

Thank you for considering Bespoke as your partner in wealth management. We look forward to the opportunity to work with you.

This information is intended for general educational purposes only and should not be construed as legal or investment advice.