What is a Private Express Trust?
A private express trust is a constitutional, non-statutory trust created under common law that operates outside traditional trust regulations. It establishes a three-party structure of Settlor, Trustee, and Beneficiary for asset management while maintaining near total privacy and protection. Unlike statutory trusts governed by state and federal codes, private express trusts are based on constitutional…
The Constitutional and Common Law Foundations of Private Express Trusts
Are Private Express Trusts Legitimate? Private express trusts are backed by over 200 years of American court decisions, exposed in U.S. Supreme Court rulings, and used by some of history’s most prominent figures to structure wealth. They aren’t legal theory. They’re legal fact. Here’s what most people don’t realize: Alexander Hamilton used this exact structure…
Settlor vs. Grantor, Indenture vs. Declaration: Getting the Terms Right in a Private Express Trust
In a private express trust, the terms “Settlor” and “Grantor” are not interchangeable, even though many estate-planners treat them as synonyms. A settlor conveys property to a separate trustee, which is exactly how an indenture-based trust is built. A grantor keeps their own property under a declaration of trust. The right word tracks the structure,…
State Income Protections and the Private Trust
Most people building a private trust operate on a simple assumption: the more you move into the trust, the more protected you are. So they put everything inside it, including the income they earn from their own work. It’s an understandable instinct, and in plenty of situations it’s the right one. But there’s a specific…