How a Delaware Statutory Trust Can Be Used in Generational Estate Planning

For many real estate owners, estate planning becomes most complex at the point where tax strategy, income continuity, and family dynamics intersect. The challenge is rarely about transferring wealth alone. It is about transferring assets in a way that preserves optionality, reduces friction, and avoids forcing decisions on the next generation.

Delaware Statutory Trusts, or DSTs, are often discussed in the context of 1031 exchanges. Their role in generational planning is less frequently examined, despite the structural features that make them relevant in multigenerational wealth conversations.

Estate planning problems are usually created by assets that are difficult to divide, manage, or exit on someone else’s timeline.

This article explores how DSTs can function within generational estate planning, where they may add clarity, and where their limitations must be acknowledged.

Why Illiquid Real Estate Creates Estate Planning Friction

Closely held real estate often works well during an owner’s lifetime. Control is centralized, decisions are clear, and economics are familiar. The complications tend to arise at transition.

Heirs may inherit shared ownership interests without shared objectives, experience, or liquidity needs. Management responsibility, capital calls, and sale decisions can quickly become points of tension.

Key considerations

• Physical real estate is not easily divisible
• Disagreements among heirs can stall decision-making
• Liquidity events may be driven by necessity rather than strategy

Estate planning is often less about minimizing taxes and more about reducing future complexity.

How DSTs Change the Ownership Dynamic

A DST converts direct property ownership into a fractional beneficial interest in a trust that holds institutional-grade real estate. Investors receive passive income without management responsibility or voting control over day-to-day operations.

From an estate planning perspective, this shift in structure can be meaningful.

Key considerations

• Beneficial interests are easier to divide among heirs
• Management and operational decisions are centralized
• Income can continue without requiring active involvement

DSTs do not eliminate estate planning challenges, but they can simplify the asset itself.

Income Continuity Across Generations

One common objective in generational planning is maintaining predictable income for surviving spouses or heirs without transferring management burden.

DSTs are often structured to distribute cash flow generated by the underlying property. While income is not guaranteed, the structure can support continuity when compared to operating assets that require active oversight.

Key considerations

• Cash flow depends on property performance and leverage
• Distribution rates may change over time
• Income should be evaluated alongside liquidity constraints

DSTs can support income continuity, but they should not be viewed as substitutes for broader liquidity planning.

DSTs and Step-Up in Basis Considerations

DST interests are generally treated as real estate for tax purposes. Upon death, heirs may receive a step-up in basis on the inherited interest, subject to prevailing tax law at the time.

This can be a meaningful component of estate planning, particularly when DSTs are used following a long-held property sale.

Key considerations

• Step-up treatment depends on future tax law
• Basis adjustments apply to the inherited interest, not prior owners
• Planning should remain flexible as laws evolve

DSTs can align with estate planning objectives, but they are not a guarantee against future legislative change.

Liquidity Trade-Offs Must Be Understood

DSTs are illiquid by design. Exit timing is typically determined by the sponsor’s business plan, not by individual investor preference.

This characteristic can reduce forced decision-making but may also limit flexibility for heirs.

Key considerations

• Limited ability to sell prior to sponsor exit
• Secondary markets are constrained and pricing may vary
• Liquidity needs should be addressed elsewhere in the estate

Illiquidity can be stabilizing or restrictive, depending on the broader plan.

How to Evaluate DSTs in a Generational Plan

DSTs are best evaluated as one component of a broader estate and wealth transfer strategy.

Families should consider:

• Whether passive ownership aligns with heirs’ capabilities and preferences
• How DST income integrates with trust structures and estate documents
• The balance between simplicity, control, and liquidity
• How future exit events fit into multigenerational objectives

The goal is not only to pass down assets. It is also to pass down decisions that are easier to live with.

DSTs can help simplify those decisions when used deliberately and in the right context.

Conclusion

Delaware Statutory Trusts are commonly viewed through a 1031 exchange lens. Their relevance to generational estate planning is more nuanced but often meaningful.

By converting complex, management-intensive assets into passive, fractional interests, DSTs can reduce friction for heirs and support continuity across generations. At the same time, their illiquidity and structural constraints require careful planning.

Used thoughtfully, DSTs can play a constructive role in estate planning. A structured planning discussion can help determine whether and how they fit within a family’s long-term objectives before timing and structure become limiting factors.

General Disclosure