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Common Law Business Trust Organization

This document has been around for over 30 years that we are aware of.  It gives a general good overview for those who are not familiar with Trust’s and or Unincorporated Business Trust Organizations, herein, I will call UBTO.  We broke it into  documents to make it easier to comprehend.  Everything written in RED will be the writing of WTPT Solutions.  Comments will be provided to assist in comprehension and update information.  

 

Everything that we are italicizing and is light blue we are doing for you to pay close attention to.

 

 

INTRODUCTION

 

If you act on what this booklet tells you, you can save more money than you ever imagined.  If you do not act, then there is no other way for you to escape the fate of so many millions of others. Has the following happened to you or someone you know?  A friend or relative passed away and his estate was thrown into time-consuming probate – enormous inheritance taxes, high estate taxes, and large legal fees drastically reducing the estate. Did the Internal Revenue Service rule adversely on stocks, paintings, antiques, or other personal property?  Did the family business have to be destroyed in order to pay these hefty costs? Did the heirs have little to inherit after it was all over?

 

When you pass on, your family may have to go through the same needless waste of money and time.  If your total estate can be valued above $600,000, at least 30 and sometimes 50 percent or more of your estate will be taken by taxes, and many thousands of dollars in legal fees and probate costs will usually be taken out on top of the taxes.  The financial security you promised your family might be destroyed when you die.

 

Now there is no need for your family to do without.  You can legally avoid every dollar that your family would have paid due to the probate process.  You can use a tool that could save you the cost of legal fees, executor and administrative fees, probate costs, inheritance taxes, estate taxes and gift taxes.

  

Since you have accumulated assets throughout your life, it is only right that when you pass on, your family should receive the full benefit -- the full use of those assets.  Now they can control those assets intact without a cent of probate or tax costs -- and without a moment's hesitation.

 

We believe this Is not the reason for purchasing a UBTO.  It is indeed a lifestyle of claiming back your authority as a FREE being. 

 

WHAT IS THIS METHOD? 

A little known and rarely used instrument based on common law called the COMMON LAW CONTRACT, also known as the UNINCORPORATED BUSINESS TRUST ORGANIZATION or the PURE TRUST ORGANIZATION.  

 

We do not use a PURE TRUST because the IRS specifically states:

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"(b) Business Trusts -- There are other arrangements which are known as trusts because the legal title to property is conveyed to trustees for the benefit of Beneficiaries, but which are not classified as trusts for purposes of the Internal Revenue Code, because they are not simply arrangements to protect or conserve the property for the Beneficiaries."

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As you can clearly read “they are not simply arrangements to protect or conserve the property for the Beneficiaries.”  They are BUSINESS Trusts.  They consist of you taking control of your life, making everything Private and NOT Public, and as we stated taking back your authority given to you by the Divine Creator, Your Dominion.  The Organizational part of the Pure Trust is very similar to the UBTO Organization and holds value to comprehend.  

 

HOW DOES IT WORK? 

You and your family form your own trust organization through properly prepared contracts, trust organization minutes, and a trust organization indenture.  Oversimplified, you exchange (not give) your assets with the Pure Trust Organization.

The trust organization then owns the assets outright, and manages those assets through its trustees.  No gift taxes are paid because no gift was made.  You and family members may, under certain limited circumstances, be appointed trustees who manage, control, and direct the desired benefits of the trust organization assets.  As you and succeeding trustees pass on, no death taxes or probate costs are incurred on the trust organization assets.  The trust organization does not end when you pass away.  It ceases only when the trustees decide it should.  Again, this is discussing a Pure Trust Organization, this is different from a Business Trust. A Business Trust in the IRS code is indeed excluded from the IRS.   A pure Trust is considered a Trust not a business Trust.

 

CAN ANYONE USE IT? 

Anyone with large or moderate assets who wants to save money can use it to reduce or avoid probate costs and other legal problems involved in the distribution of an estate after his/her death.   Anyone who wishes to have a business can utilize a UBTO. That is the intention.  Remember your house is a business, as are investments and acquiring assets etc.

 

OTHER ADVANTAGES OF THE PURE TRUST ORGANIZATION

The Pure Trust Organization acts in many ways like an individual -- buying, owning, selling, spending, and earning.

 

It is private. You do not have to register the Pure Trust Organization, its assets, or its functions with any city, state or federal body.

  

The Pure Trust Organization can be used in place of both business and personal transactions.

 

The assets of the Pure Trust Organization may not be touched by probate or divorce proceedings or by personal creditors.

 

 

Why have you not heard of this estate planning tool before now?  That question has too many different answers to get a good response in these pages.  But there are a number of reasons that might play a role in this information not getting out to those who could use it.

 

First, you must understand the difference between common law and statutory law.

“Common law” is that set of commonly acknowledged rules that everyone should know and obey out of common sense and common decency. It has often been said that common law makes common sense to the common man.  Common law has been slowly and informally collected into a set of beliefs that are accepted as the way things should be by most western European people.  It is sometimes called English Common Law because the British legal system was built on it.  Statutory law is the legal structure created by those who want or need to govern people.  Common law is simple; the common man can and will understand it.  Statutory law is complex; sometimes only attorneys and legislators can understand it.  Common law is based on the belief that there is a God and he has given man certain rights which should not be abrogated by

any government.  Statutory law is based on a belief that man must be limited if he is to live in association with others.  Common law has as its goal maximum individual freedom.  Statutory law has as its goal the common good, or that which is expedient, in order to ruffle the fewest feathers and hurt the fewest feelings.  Another way of saying it is, Common Law is based on what is right and wrong, and statutory law is based on what is legal and illegal.  While common law and statutory law can and should coexist peacefully, they do have at their roots different presuppositions, goals and purposes.  Statutory Law is that of Statutes and codes to enslave the common man.   It is designed for those who choose to let others take charge of their Dominion.   Common Law on the other hand obliges the oldest LAW the Bible in that you have Dominion over the Earth everything in it, on it, over it and under it.  Statutory Law conforms to that of evil and Common Law honors that of The Divine. 

 

Most trusts are statutory trusts, created by legal edict to restrict or to grant limited license to activities that otherwise would be illegal.  The tax breaks and limited liability granted to statutory trusts would be illegal if it were not for the laws that create that kind of trust.  A common law trust, or pure trust, is based on the common law principles of property ownership.   Property is a real tangible asset, something that holds value.  The Fiat Dollar is not a real tangible asset, it has no value since it is a debt note.  

 

As a result, liability is limited by common sense in common law (“You can’t sue me, the car doesn’t belong to me ”). Liability is limited by legal technicalities in statutory law (“You can’t sue me; I have been given the license to incorporate!  You can only sue the corporation.”).  Because statutes are constantly changing, and judges tend to change their interpretations of laws over time, most lawyers are totally consumed with statutory law.  And their understanding of common law and Constitutional Law is almost totally lacking today.

 

One reason for this deficiency is that most common law courses taught in the law schools were dropped from the curriculum in the 1920's and 1930’s.  This fact is very distressing, because our whole law system is based on the English "common law" except for one state (Louisiana).

The United States Supreme Court has ruled that common law is just as much a part of the State law as are statutes passed by the state legislatures, and that statutes are often nothing more than declarations of common law. Yet, a considerable number of persons in the legal profession would lead you to believe that the United States Constitution is outdated, and that common law principles are of no importance in this day and age. Since you cannot learn common law principles in most law schools, the only alternative is to study on your own and become self educated on the subject.

 

Surprisingly, not many attorneys know that the Pure Trust Organization actually exists, even though there are United States Supreme Court cases, district court cases and others where the "pure trust" form of business organization is specifically mentioned.  Several years ago, a gentleman was involved in a discussion on a Legal Forum where an attorney told him that he had never heard of an unincorporated business trust organization, or a Pure Trust Organization. Based on the fact that he had never heard of it, he proclaimed to all on the forum that it must be illegal and invalid.  How wrong can one be?  I have seldom had someone proclaim his ignorance so boldly and aggressively.   Many Bankers have no knowledge of them either.

 

                                        

 

   "A Trust, for probate avoidance, is a lawful, irrevocable, separate legal entity."   

Harwood vs. Tracy, 118 MA 631

 

                     

 "It is established by legal precedent that pure trusts are Lawful, valid business organizations.''

Baker vs. Stern, 58 A.I.R. 462

 

                     "Trust or trust estates is a legal entity for most all purposes, as are common law trusts."

Burnett vs. Smith, S.W. 1007 (1920)

 

 

 

It is also surprising how little most lawyers know about other types of trusts or organizations that they are drafting for clients.  I have yet to meet one (beyond the handful of lawyers who specialize in pure trusts) who could adequately explain the difference between a

common-law contract organization and an inter vivos (living) trust, although I know there must be some that would research the subject (for a fee and enough time).

 

Of course, volumes of information are printed today on the vast subject of estate planning devices, such as establishing and maintaining trusts and organizations.  These books deal largely with testamentary and/or living trusts, which have many limitations.  Yet these same estate planning experts seldom if ever discuss the Pure Trust Organization, which avoids many of the pitfalls of the more common types of trusts.  Pure Trust Organizations are not widely used or they are not widely known, but this tool is seldom challenged in the courts and has rarely been broken by courts of equity.  Hence, very little information is in print on how they are established and maintained, and on their official status before the law. Pure Trust Organizations do definitely exist and, in fact, are widely used by those of sufficient knowledge and financial acumen to know how they can be put to far-reaching advantage.  It is very difficult to determine who these people are, because one of the main functions of the Pure Trust Organization is to maintain the complete privacy of the financial and legal information of the organization and its activities.  The documentation of the Pure Trust Organization is not a matter of public record as are charters of trusts and articles of incorporation. This is why we coined the phrase duct tape your mouth.  This is indeed a private document which falls under common law.  This is the very reason we are extremely selective of who we educate on this process.

 

There is another reason why so few of the American people know anything at all about these trust instruments – radical revenue reduction.  Plain and simple, these trusts get in the way of attorneys making money.  First, they totally avoid probate, which is one of the most profitable and most sacred of revenue generators for judges and lawyers.  Second, they totally avoid federal reporting requirements (no federal forms to file!), which reduce the income made by attorneys and CPA’s in their services to businesses.  And third, any person with knowledge of these issues can create a business trust – it does not require an attorney like statutory trusts.  So, it is possible that some attorneys are hesitant to discuss these options with their clients since that discussion would result in a radical decrease in the revenues they will ultimately receive from those clients.  Attorneys and CPA’s often make half or more of their fees from providing the services that are not needed by business trusts.

 

We are not suggesting, as many have, that the legal profession is consumed with making money to the exclusion of an honest presentation of options.  But, of the legal professionals we have discussed these issues with, most have been aware of business trusts but have never discussed these trusts with clients.  Of course, there is always the comment that they are not totally familiar with all the issues concerning business trusts, and therefore they would not feel comfortable discussing these instruments without first knowing more about them.  However, not one of the attorneys who have made these comments ever took it upon themselves to learn more about what they already knew would cost them money should it become common knowledge, not even when we offered large amounts of legal research to those attorneys for free.  This is all bull, The real reason is that attorneys are agents of the corporation / courts therefore their allegiance lies with the corporation AKA  BAR Association (British Accredited Registry).  It is  statutory law,  control.

 

This publication attempts to present some of the issues involved with a business trust, or pure trust.  It is simple, general and incomplete.  Yet it presents more solid information on this issue than most attorneys or CPAs have seen.  In reading this publication, you have become the expert, not your attorney.  On the other hand, you would be best served if your attorney or CPA would read this and then do a little research on his/her own.  Some will; many will not.  You will need to decide what you should do if your tax and estate professional will not take the time to learn this information and become proficient in the legal technicalities of the business trust.  The professional who listens, reads and then studies these issues will ultimately have a powerful new estate planning tool to use in providing an essential service to his/her clients.  But the good news is, the common man can use the common law to accomplish uncommon estate planning and leave an uncommon estate for his/her heirs.  And he/she can do this totally without the use of an attorney.  Read on, to your financial health and benefit. Remember, attorneys take an oath and register to the BAR Association, (British Accredited Registry) they hold a foreign title and are agents of the statutory courts.  They are NOT recognized under common law.  When you hire an attorney to represent you and sign a retainer, you are literally stating that you are not competent to represent yourself and are giving up your rights and turning them over to the attorney that is indeed working for the very corporation that is enslaving you.   There are no Attorneys under common law there is only legal counsel.   You stand in your authority and gain assistance from someone who is more versed in that particular field than you.  YOU DO NOT RELINQUISH YOUR RIGHTS!   Just like hiring an artist to paint a picture, you simply hire them to do what they can do better than you but you do not become a SLAVE to the artist!!!  You DO NOT GIVE UP YOUR GOD GIVEN RIGHTS to the Artist!!!  You celebrate someone else’s Genius.

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