Protect What's Yours Under
Common Law.
A Private Irrevocable Express Trust is one of the most powerful tools available for protecting your assets, your family, and your estate — operating entirely outside the statutory commercial system.
What is a Private Irrevocable Express Trust?
A Private Irrevocable Express Trust is a common-law arrangement in which a Grantor transfers legal title of assets to a Trustee, who holds and manages those assets for the benefit of named Beneficiaries. Once established, the trust is irrevocable — meaning the terms cannot be altered — which is precisely what gives it its protective power.
Unlike statutory trusts created under state law, a Private Irrevocable Express Trust operates in the land jurisdiction under the common law of the people — not in the sea jurisdiction of the Uniform Commercial Code or statutory commercial law. It is not registered with any government agency. It is not subject to probate. It is not a corporate fiction.
The trust itself becomes the lawful owner of the assets placed within it. Because you no longer hold legal title to those assets, they are shielded from judgment liens, creditors, and the probate process — while still being managed for your benefit and the benefit of your family.
Common Law vs. Statutory
Created under state statute. Registered with government. Subject to UCC commercial law. Visible to courts and creditors.
Created under the common law of the land. No government registration. Outside the sea jurisdiction. Private and non-statutory.
How a Private Express Trust is structured
The individual who creates the trust and transfers assets into it. Once the transfer is made, the Grantor no longer holds legal title — the trust does. This separation is the source of the protection.
Also called the Settlor or Trustor.
The individual or entity that holds legal title to the trust assets and manages them according to the trust agreement. The Trustee has a fiduciary duty to the Beneficiaries and must act in their best interests at all times.
The Grantor may serve as Trustee in certain structures.
The person or persons for whose benefit the trust is managed. Beneficiaries receive the use and enjoyment of trust assets without holding legal title — keeping those assets beyond the reach of personal creditors.
Can include family members, heirs, or other designated parties.
What you can protect with a Private Trust
Almost any asset can be placed into a Private Irrevocable Express Trust — immediately upon establishment. The trust becomes the lawful owner and the asset is no longer yours to lose.
Your home, land, rental properties, and any real estate holdings.
Automobiles, boats, RVs, motorcycles, and other titled vehicles.
Bank accounts, investment accounts, and other monetary assets.
Ownership stakes, business assets, intellectual property, and contracts.
Assets designated for your heirs — bypassing probate entirely.
Jewelry, collectibles, artwork, and other valuables.
The benefits of operating under common law
Because you do not hold legal title to trust assets, personal judgment liens and creditors cannot attach to them. What is not yours cannot be taken from you.
Trust assets pass directly to your Beneficiaries without going through the probate court system — privately, quickly, and without the costs of estate administration.
A Private Irrevocable Express Trust is not registered with any government agency and does not appear in public records. Your asset ownership remains private.
Properly structured trusts can reduce or eliminate certain tax liabilities. The trust operates outside the commercial system that creates many tax obligations in the first place.
Common misconceptions about private trusts
A private trust is just a living trust or revocable trust.
A revocable living trust offers almost no asset protection because the Grantor retains control and can dissolve it. A Private Irrevocable Express Trust is fundamentally different — once established, the terms are fixed and the protection is real.
I will lose control of my assets.
The Trustee — who can be someone you designate and trust — manages the assets according to the trust agreement, which you help craft. You retain the benefit of the assets while the trust holds legal title.
This is a tax shelter scheme or illegal.
Private Irrevocable Express Trusts have existed in common law for centuries. When properly established, they are entirely lawful. They are not tax evasion — they are lawful structuring of ownership.
This only matters for wealthy people.
Anyone with a home, a vehicle, a bank account, or a family to protect can benefit from a trust. The cost of not protecting your assets often far exceeds the cost of establishing a trust.
Meet Jenna
Jenna is ASN Consulting's dedicated Private Trust specialist. She works personally with each client to understand their assets, their goals, and their family situation — then structures a Private Irrevocable Express Trust tailored to their needs.
Whether you are protecting a single property, building a family estate plan, or looking to operate entirely outside the commercial system, Jenna will walk you through the process step by step.
“My goal is to make sure every client fully understands their trust before we finalize anything. This is your protection — you should know exactly how it works.”
Trust FAQs
Most living trusts and family trusts are statutory — created under state law, subject to probate, and visible to the commercial court system. A Private Irrevocable Express Trust operates under common law and is not registered with any government agency, which is what gives it its protective properties.
Status correction is not a prerequisite for establishing a trust, but many clients do both together. A trust can hold assets for any Grantor — your status correction and your trust work together to give you a more complete picture of sovereignty.
Yes. Real property is one of the most common assets placed into a Private Irrevocable Express Trust. The deed is retitled into the trust's name, which removes it from your personal estate and protects it from judgment liens and probate.
Once we have your information and your goals are clear, most trust formations are completed within 2–4 weeks. The timeline depends on the complexity of your assets and how quickly documents are signed and executed.
No. This is a domestic, common-law trust established in the land jurisdiction of this country — not in a foreign jurisdiction. It is based on centuries of established common law, not offshore tax strategy.
Your initial call with Jenna is a discovery conversation. She will learn about your assets, your goals, and your family situation — then explain exactly what kind of trust structure makes sense for you and what the process looks like. There is no obligation to proceed.