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The beneficiary is never the trustee of a spendthrift trust. Instead, the trustee can be another family member, a family friend, or even a corporate trustee like a bank. The trustee will spend the money for the beneficiary's needs or could make payments directly to the beneficiary, as the trust document allows.
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.
Spendthrift Exceptions: Breakthrough Creditors 1. Government Debts: the first exception is for the government, both federal and state, in order to settle debts to the government such as unpaid taxes. 2. Spousal Support: The second is a spouse, or likely an ex-spouse, seeking spousal support.
Spendthrift Provision.No right or interest of an Eligible Employee under this Plan may be assigned, transferred or alienated, in whole or in part, either directly or by operation of law, and no such right or interest shall be liable for or subject to any debt, obligation or liability of such Eligible Employee.
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.