Other Trust Legalities

Purchasing a trust from representatives outside the legal profession can mean you have potentially bought an invalid trust document and purchasing a copyright from those who are not authorized to distribute one is illegal.


Other Trust Legalities

Only licensed Attorneys are permitted to give legal advice, create, and sell legal documents (wills and trusts) and practice law. Never buy a trust from an individual, but only through a competent law firm with years of experience. Our Nexxess Trust is distributed by Rod Brock, a local attorney in the Dallas/Fort Worth Area, and/or his affiliates.


Our trusts

Since the inception of the Nexxess Trust, not one has ever been flagged for audit from the countless tens of thousands of returns filed by our tax preparers. Included in the price of your trust, you will be provided with nearly 50 required legal documents to perform necessary trust business. Our trusts were written to comply with 7 different trust-law categories and governing laws or codes. They are:

Scott on Trust Law

The Restatement of Trusts

The Internal Revenue Code

UTC — The Uniform Trust Code

UPIA — The Uniform Prudent Investor Act

Statute of Frauds

The Rule Against Perpetuities

Why we do this

This was done so the Trust Corpus would be protected from turnover orders by any court or judge. Our unique integration of the non-grantor designation exempts the trust from any alter ego status that brings into action the management or beneficial enjoyment by the Settlor. If the creator of a trust has management of the corpus, or is a beneficiary of the trust, it becomes what is known as a living trust which only has limited benefits. Without our unique application of the non-grantor designation the trust would lose the 3 main benefits of ultimate privacy, tax advantages, and asset protection. Furthermore, your trust would then only be considered a living trust by the IRS and only have one benefit: to bypass probate.


Trust Legalities

Assets transferred into this trust are NOT subject to a 5-Year Lookback for nursing home and Medicaid benefits. The IRS imposes a 5-Year lookback when people transfer assets to a Living Trust because living trusts can revert the assets back into the name of the grantor. The Nexxess Trust is an Irrevocable, Non-Grantor trust, meaning, that when you put assets into this trust, they can NEVER revert back to the person who transfers or sells them into this trust. Therefore, someone can sell assets to this trust, and the very next day qualify for Medicaid benefits to any nursing home.


EVEN WHEN DISBURSED TO A BENEFICIARY, TRUST ASSETS ARE UNTOUCHABLE: In a Spendthrift Trust Organization, once any assets are distributed to beneficiaries, they remain as exempt assets. Exempt Assets of this trust are beyond the turnover order of any court or any operation of law when used legally. No creditor of any Beneficiary can ever reach the corpus of the trust (assets) nor can they ever reach the personal assets of the Beneficiary (ies) once they receive it because they are assets from an exempt source and are still protected after the Beneficiary receives them.

Texas Case
Law Update

Burns v. Miller, Hiersche, Martens & Hayward, P.C.

948 S.W.2d317 (Tex. App—Dallas 1997 writ denied)

(TRIAL COURT DECISION WAS OVERTURNED BECAUSE OF SPENDTHRIFT PROVISIONS) The Trial Court ordered beneficiary to turn over property to a receiver for use in paying a creditor of the beneficiary. The Trial Court INCORRECTLY included all disbursements from spendthrift trusts within the scope of the turnover order. However, the Appellate Court reversed holding that beneficiary’s interest in Spendthrift trust assets are exempt property under the turnover statute (Civ. Prac. & Rem. Code § 31.002). The creditor pointed out that once the trustee pays or delivers the trust assets to the beneficiary, they are no longer exempt. Trust Code § 112.035 (a). However, the turnover statute provides that a court may not enter or enforce an order that requires the turnover of the proceeds of, or the disbursement of, property exempt under any statute. Civ. Prac. & Rem. Code § 31.002(f). Thus, even when property is no longer exempt under any other statute, if it represents proceeds or disbursements of exempt property, it is not subject to a turnover order. Burns at 323.


Moral of the story: Even distributions from Spendthrift trusts are protected from turnover orders because the property was received from an exempt source.


Beneficial Trust

A single trust designed for individuals/families. Provides family asset protection. Protection from lawsuits/creditors. Defers Federal income taxes into perpetuity, renewable every 21 years. Eliminates probate. Not subject to capital gains/eminent domain. Eliminates 1031 Exchange. Provides privacy.


Business Trust 1

Includes two (2) trusts — A Business Trust which serves as a passthrough for business income and works in conjunction with LLC/C-Corp/S-Corp structures to minimize liability and maximize privacy.


Business Advanced

Includes three (3) trusts — The Business Trust serves as a passthrough into the two (2) Beneficiary Trusts that serve as its Beneficiaries. Designed for businesses with two partners. Contains all features of the Business 1.


Real Estate Trust

Includes multiple trusts (1 Real Estate/multiple Beneficial). Designed for any real estate purchases from single-family purchases to advanced commercial real estate projects and includes Beneficial Trusts attached to support its investors which endow investment funds and receives protection from lawsuits, capital gains, imminent domain. Allows for tax deferment in compliance with IRS Code 643.


Oil & Gas Trust

The object of this unique Trust and its concept is to provide the opportunity to completely defer taxes and protect Royalties from potential third-party creditors and liabilities. This is the way J.D. Rockefeller built the largest U.S. entity: Standard Oil


Cryptocurrency Trust

Designed for anyone wanting to protect any type of digital assets, cryptocurrency, or bitcoin type investments. The crypto will never be subject to capital gains if the assets stay in the corpus of the trust or managed correctly within the trust.


free consultation

The right thing to do before you make financial decisions is to know your options.

Request consultation