Hello! I am finishing up my trust documents, but in a trust, you can designate which state's laws will govern the trust. Irrelevant of what state the property is in, if we ever had to go to court, which state's laws govern more in favor of small business and has trust laws that are the most protective?
I believe CA is a state that favors creditors more than small businesses, so I'm wondering if anyone out there knows the BEST state's laws to use for the trust, or can anyone direct me anywhere where I could find out this information? Thanks!
It is CERTAIN we will SUCCEED!!
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Hi Tammy. We had a meeting with Attorney Garrett Sutton he has an office near us in Rocklin, Ca. He writes books about Asset Protection. When we met with him he told us that Wyoming had the best asset protection laws. You can look him up at Sutton Law Center. www.sutlaw.com. We paid $150.00 for a half hour of his time in his office. He is one of the top advisors on asset protection.
He has books out there that are with the Rich Dad Books he is Robert Kiyosaki's asset advisor. I am not promoting Rich Dad stuff but good information is good information and you can go to a library to read books that Garrett Sutton has writen in. One Book is The Real book of Real Estate, that has a chapter from Sutton on asset protection and our own Dean Graziosi has a chapter in this book.
I hope this has helped.
Steve.
Steve and Veronica
Steve and Veronica's Journal.
http://www.deangraziosi.com/real-estate-forums/investing-journals/58073/...
http://www.deangraziosi.com/real-estate-forums/totally-fulfilled/72344/d...
Thanks Steve (and Veronica), that is valuable information. Another asset managing company advised me that NV is the best one and has the most protective laws that guard the trust.
So, NH, WY or NV. Thanks for all the input to all!
Now I only have 3 to research instead of 49 
NV was the 2nd best to this attorny we were talking about. His main office is in NV. Like we said he told us that WY was the best over all for asset protection.
We all have to do a lot of home work on this REI. Anyone with good credit can go buy a home but the students that do thier home work are the ones that stay in the game for the long haul.
Steve and Veronica.
Steve and Veronica
Steve and Veronica's Journal.
http://www.deangraziosi.com/real-estate-forums/investing-journals/58073/...
http://www.deangraziosi.com/real-estate-forums/totally-fulfilled/72344/d...
I'm taking my time on this because its my first time doing it. Even with all the directions and guidance, its still a whole lot different DOING it than reading, hearing or learning about it!
It is CERTAIN we will SUCCEED!
Did the lawyer tell you why WY was better than NV? I'm talking to a guy named Flo who has given me amazing information. I now make a salary of 48K a year + a $750 car allowance per month. Little secrets I didn't know about that he taught me.
This is the reason he told me NV was 1st and WY is 2nd. WY is young and hasn't been put to the test yet. Even though it is true that WY is the only other state where the corporate veil or trust has not been pierced, it is uncertain if it will holdup in the future.. NV is tried and tested. I am very curious as to how Garret would respond to this and why WY over NV.
He also told me NV is the only state to allow complete privacy for your assets and allows you to operate anonymously via the use of a LLLP, and NV is the only state that offers it.
Here is some information from Garret's site
Why incorporate in Wyoming?
Wyoming is one of the fastest-growing states for low-cost, low-maintenance and no state tax incorporations. Why? Because Wyoming has actively sought to make it's corporate law and business tax structure friendly and attractive to out of state companies looking for the best all-around tax and legal structure.
Privacy: Wyoming requires officer and director information only. No information on shareholders is collected or shared with the IRS. Nominee officers and directors can be used as well as bearer shares to enhance privacy.
Asset Protection: Wyoming has strong asset protection laws - perhaps the strongest in the United States today.
Formation Costs: Wyoming is inexpensive compared to other states, even Nevada. Minimum filing fees add up to maximum savings for you.
Maintenance Costs: Wyoming has one of the lowest annual fee structures in the United States. Because the Wyoming annual fees are based on assets or employees physically located in Wyoming, you could pay as little as $50 per year to maintain your non-resident Wyoming entity.
Low Capitalization: Wyoming has no minimum capitalization requirements. Some states, such as Texas insist that you put at least $1,000 into your entity on formation.
Corporate Flexibility: Directors, officers and shareholders do not have to live in or hold meetings in Wyoming. Telephone meetings are permitted. One person may hold all director and officer positions and directors and officers do not have to be stockholders.
Why incorporate in Nevada?
For many reasons, Nevada is one of the best places in the United States to incorporate. Nevada has excellent privacy laws, minimal reporting requirements, close proximity to the major California market, good road and air transportation connections and a business-related infrastructure that continues to attract major businesses such as Starbucks, Barnes & Noble and amazon.com.
Privacy: Nevada does not share shareholder information with the IRS subject to the new laws discussed below, in Nevada, shareholders are not a matter of public record which allows for maximum anonymity and privacy. In addition, nominee officers and directors can be provided to further enhance privacy.
Asset Protection:
Nevada's asset protection laws are viable and the corporate veil remains one of the strongest in the country.
When we met with Garret he told us to use the Wy over the Nv and I am looking though my notes and I don't see or remember what he said the reson was for that sorry.
If you go to sutlaw.com you can look at all his stuff. His company like most want you to use thier service to set up our trust,LLC, Scorp and so on. I just go to the Sec. of state and do the set up myself.
I do not think you would go wrong in Nv or WY.
Steve.
Steve and Veronica
Steve and Veronica's Journal.
http://www.deangraziosi.com/real-estate-forums/investing-journals/58073/...
http://www.deangraziosi.com/real-estate-forums/totally-fulfilled/72344/d...
so much for all that helpful information Steve! This is great!
It is CERTAIN we will SUCCEED!