The term spendthrift trust refers to a trust designed to provide for the support of a beneficiary and to protect that support against the beneficiary's contracts and transactions. What is sometimes called a self-settled spendthrift trust is one in which the trustor creates a trust in which he or she is also a beneficiary, usually with the aim of shielding property from uninvited future creditors such as judgment or bankruptcy creditors. A self-settled spendthrift trust is also called an asset protection trust.
Missouri Irrevocable Trust With Spendthrift Provision
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How to fill out Missouri Self-Settled Irrevocable Trust For Lifetime Benefit Of Trustor With Power Of Invasion In Trustor?
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FAQ
A spendthrift provision is valid if it restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest.
A spendthrift trust is a trust designed so that the beneficiary is unable to sell or give away her equitable interest in the trust property. The trustee is in control of the managing the property. Thus, the beneficiary of the trust is not in control of the property and her creditors cannot reach those assets.
Spendthrift trusts can be revocable or irrevocable and include the same key elements as other types of trusts, including: A grantor who establishes the trust (that's you) A trustee who manages the trust. A beneficiary or beneficiaries who receive the assets held in the trust.
The irrevocable spendthrift trust is a type of trust intended to protect a beneficiary's interest in the trust assets when they are known to be a spendthrift, or someone who is careless with their money.
For example, let's say you have an estate worth $2 million. Instead of gifting the estate in its entirety at once, a spendthrift provision could arrange to disperse any dividends earned on a quarterly basis. As the 'grantor,' or the person who created the trust, you must appoint a trustee.