Homestead, Perpetuities, Decanting, and Directed Trusts
State-specific creditor and duration doctrines: homestead protection, the modern rule against perpetuities, decanting, and directed trusts.
What this guide covers
- Homestead protection and devise restrictions are state-specific and can invalidate an outright devise (e.g., Florida).
- Many states abolished or extended the RAP to allow perpetual dynasty trusts — a core situs driver.
- Decanting and directed-trust statutes provide flexibility to fix and adapt irrevocable trusts; availability and limits vary by state.
The full guide includes the detailed analysis, worked examples, statutory citations, and related resources below.
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Educational reference, not legal advice. Prepared for licensed professionals as general reference; not legal advice and no attorney-client relationship is created. Law varies by state and changes over time — verify transfer-tax figures and statutory citations against current primary authority. This resource was last updated 2026-07-31. Estateur is not a law firm.