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You're potentially scaring away people, including yourself, for no reason. Thousands have and are using these same laws and rules for decades and have had the courts and the IRS admit they what they're doing is correct and legal.
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Can you post some court rulings? I'm willing to learn.
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Actually, what I would do is read/look over the Weiss Concise Trustee Handbook. It will not only teach you more about express trusts and how to operate in them, but it has a number of case laws cited on every page. It is free to find online and the main contents of the book is only 40 pages.
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Yes, I will. I'm at work right now so bear with me. I'll post some later to the same comment that I'm replying to right now.
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You're correct that technically that theory was accurate.That's my point in a nutshell. The Law is what the people in power say it is. In the old days, that meant the Golden Rule:
Those with the gold make the rules.