Which of the following is NOT subject to the 110-year rule against perpetuities?

Prepare for the Delaware Wills and Trusts Test. Utilize flashcards and multiple-choice queries, with each question offering hints and clarifications to help you excel in your exam!

The 110-year rule against perpetuities in Delaware primarily concerns the duration that certain interests in property can exist before they must vest or become possessory. This rule allows for a more extended period compared to traditional perpetuity laws, which often limited the vesting time to a life in being plus 21 years.

Real estate held in an entity owned by a trust is indeed subject to the rule because the interests created in the trust and the entity can have a long-lasting effect. The property interests held in trust need to comply with the timeline set forth by the law to ensure they do not violate the perpetuity rule.

On the other hand, publicly held assets, retirement accounts, and personal property generally fall outside the limitations imposed by this rule. Publicly held assets are often liquid and can be transferred more freely without long-term encumbrances. Retirement accounts have specific regulations and terms set by tax laws rather than the rules of property perpetuity. Personal property, much like publicly held assets, typically does not have the same restrictions as real estate in regards to the duration of interest holders.

Thus, real estate held in an entity owned by a trust remains intrinsically tied to the perpetuity rules, while the other asset types have more flexibility concerning their duration

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