Legal Question in Wills and Trusts in Arizona

Pure Trusts-Law Origens, Source Info?

Where to learn of Pure Trust laws? Would these obviate governmental involvement in each contract? Any recent case law establishing viability, or lack of for these instruments?


Asked on 12/07/98, 9:21 pm

2 Answers from Attorneys

Bernard Greenberg KOKISH & GOLDMANIS, P.C.

Re: Pure Trusts-Law Origens, Source Info?

There is no recent law that supports the existence or use of "pure trusts". The IRS classifies these as abusive tax shelters and has in place a task force that investigates them. There is an amnesty program for those unfortunate enough to purchase these "forms" from the scam artists that sell them. You are advised to avoid these arrangements and to obtain expert legal advice before attempting to create or use one.

Bernard Greenberg

B.H. GREENBERG & ASSOCIATES

2305 E. Arapahoe Road, Suite 234


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Answered on 1/18/99, 9:55 am
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Pure Trusts-Legal, Effective?

An experienced trust attorney should read the proposed trust BEFORE you sign it. I have never seen one that's effective, and I cannot imagine how one could be. So, you may sign something that's ineffective, and then have to spend a lot of time and money trying to undo it.

Not only that, but the IRS is paying special attention to these trusts, and again, "pure trusts" do not actually have the tax advantages they purport to have.

Chris Johnson

Christopher B. Johnson, Attorney at Law

614 East Colorado Boulevard, Pasadena, CA


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Answered on 1/18/99, 2:11 pm


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