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Friday, May 11, 2018

"Trusts, Trust Accounts, and Wells Fargo" by Marcus, 11 MAY

Hello, and greetings to all.

First, and foremost, I am neither an attorney nor a CPA. I have several of those that I work for, and with, and have done it successfully for a number of years!

I've placed many Trust with clients and have good information about Trust accounts with banks. Most banks in the USA were started in the 20th century. Most act as C Corporations. Some banks will do business with our Trust, many won't. Most of our Trusts are both Irrevocable and Spendthrift, but also IRS IRC Section 643 compliant. This causes the banks a headache because our Trust types are actually extra-constitutional - meaning that our Trusts are not bound by the Federal, State or Local laws, even though the Trusts comply with all laws and regulations in all 50 States and territories!

The information that I have from the authors and copyright owners of the Trusts that I represent is that banks and S&Ls very much dislike dealing with Trusts because they have no standing in the admiralty court system we still have in the USA. Please don't take this as negative! Choose wisely whom you will bank with, because there are options. I'm absolutely NOT espousing getting what some may call a common law trust. Those were phased out in the middle of last century and are, according to the admiralty courts system now illegal in their courts. According to my sources, you will not find any attorney in any of our 50 States to defend you, and there is only one court in NYC that will hear your case. I know whereof I speak. I have a client that had to defend his mother's Trust himself and it took years. The backlog in the only common law court in NYC is over 5 years. My 2 cents? Don't mess with it because there are much better alternatives!

If you have a Trust, you really want one that is IRS IRC Section 643 compliant because your Trust can avoid ALL capital gains taxes, and indefinitely defer all taxes on income from corpus (assets in your Trust).

In order to be IRS IRC Section 643 compliant, your trust must have an expiration date, but may be renewed every 21 years or earlier. This brings me to another issue. The benefits of being IRS IRC Section 643 compliant far outweighs the only negative thing that I can think of... it's expiration date, according to Black's Law Dictionary... must be no longer than 21 years. This means that investment contracts like 50 or 100 year US Treasury Bonds should be avoided because the end date of the investment instrument is beyond the legal expiration date of the Trust. The renewal of the Trust is not a big deal. Here's an example: If you have a 20 year bond that you are putting together or buying, no problem, right? Well, maybe! If you've had the Trust for, say 6 years, then the Trust's remaining lifespan as we know it is 15 years. As Trustee, you can today take out the Trust Renewal Form out of your Trust binder, sign it, date it, have your wet ink signature witnessed, and your Trust is again good for 21 years, starting today! The lesson? If your Trust is only valid for 21 years, don't use financial instruments that go beyond the valid expiration date of your Trust. If the investment instrument is also valid for 20 or 21 years, renewable...most do 20 years renewable, then you're OK. 

It has been reported that Wells Fargo Bank & Trust (read carefully) is over 160 years old. My information from my source is that Wells Fargo Bank & Trust will FDIC insure the first $250k of your Trust account just like all other Banks and S&Ls. Our information is that in a time of financial crisis, Wells Fargo is the only bank that, according to their Wells Fargo Bank & Trust Terms and Conditions (did you notice that they too have Trust Terms & Conditions?), they will also set aside additional $250k for each Beneficiary of my Irrevocable, Non-Grantor, Complex, Discretionary Trust with Spendthrift Provision that is IRS IRC Section 643 compliant. Seeing that MY Trust is also a Discretionary Trust, as I just shared, I have an additional advantage! As Compliance Overseer of my Trust, I can name as many beneficiaries of my Trust as I choose, (yes, I'm Compliance Overseer and Trustee) which Beneficiary of the Trust receives what, when, and in what amount. I can have 1 Beneficiary, 100 or 1,000. My information is that Wells Fargo must set aside $250k for each and every named Beneficiary of MY Trust.

My suggestion? Walk in to the exchange / redemption meeting informed, but willing to learn. Your banker is NOT your friend... and may want to make a buck too, but listen to what he/she has to say because they really DO want your business! Be poised and kind, not brash or loudmouthed! They say that honey attracts more flies than vinegar. I never tried it, but assume that it works! Whatever yo do, get good legal advice, and use an IRS Enrolled Agent to file your tax returns. If you're buying a Trust, make sure that you buy it from an attorney because only attorneys may sell Trusts in the USA.

I hope that this helps you protect your newfound wealth for many generations to come!

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