Irrevocable Form Trust With Spendthrift Provision
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FAQ
How Do You Set Up a Spendthrift Trust? A spendthrift trust is set up similar to any other trust. The key differentiator is including a spendthrift provision, which is language that outlines the trustee's responsibilities, such as how and when assets are to be distributed to the beneficiary.
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.
The exact wording of a spendthrift clause may look something like ?no beneficiary may assign, anticipate, encumber, alienate, or otherwise voluntarily transfer the income or principal of any trust created under this trust.
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.
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.