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A spendthrift trust is a trust that limits the beneficiary's access to the trust assets ing to specific terms the grantor sets. Spendthrift trusts help ensure that beneficiaries can't squander their inheritance; they also protect trust assets from creditors.
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.
The pros of a spendthrift trust are that it can prevent creditors and lawsuits from attaching to the beneficiary's assets and provide a steady income stream. The downside is that it can be expensive to set up and maintain, and the beneficiary may be able to challenge the trust's spendthrift provisions in court.
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.
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.