Trust Designs in Light of Kaestner And Other Trends

The question of how to structure a trust is of increasing importance, particularly in light of recent trends, including the expected ruling in North Carolina Dept. of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust. One key decision that families and their advisors have regarding long-term trusts is whether to establish a single pot trust for the entire family of a trust with separate shares for each family line. And, while Kaestner is centered on the state taxation of trusts, key considerations on how to structure a trust go well beyond taxes.