Legal Question in Real Estate Law in New York

business trust

1)I have a business trust ''common Law trust'' when purchasing land/house What states do not require a trust agreement to be recorded?


Asked on 12/15/08, 6:13 pm

1 Answer from Attorneys

Robert Hundertmark Robert J. Hundertmark, Attorney At Law

Re: business trust

not sure what you mean by a "common law trust". I've seen some companies promote these as a tax avoidance scheme - which can be pretty shaky.

I actually saw some company promoting these which claimed since it was a "common law" trust, it wasn't subject to the laws of the United States - including tax laws. this same company offered a subscription to a newsletter and the price was in grains of silver - since they didn't recognize US Currency. These are the kinds of folks that sometimes end up in a siege with the US Marshalls.

MA and NH each require some sort of "certificate" of the trust - ie, not the whole trust - to be recorded. not sure about NY.

again, you may think you have greater rights / protection under this "common law" trust than you actually do - you really should need some qualified legal advice.

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Answered on 12/17/08, 7:59 pm


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