The “Rule Against Perpetuities” is something I thought I had left for the most part when I finished law school. I have found, however, that it can come up when someone would like to keep an asset in a trust indefinitely. For example, a client may want to keep some real estate “in the family,” so she wants to put it in a trust forever. Under California Probate Code Section 21205, a client generally has to pass property within 21 years of the death of a person alive at the time the trust is created, or within 90 years, whichever is longer. This generally means that my client cannot keep her family home in her trust forever. At some point, a family member will own the property outright and could decide to sell it to a person outside the family. I have heard that some states have abolished the “Rule Against Perpetuities.” If someone is determined to retain control over property by keeping it in a trust, she may want to investigate creating a trust in a state with more flexibility about “perpetuities.” This is a complex subject that requires careful planning.