Trust Spendthrift Definition For Dummies
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FAQ
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.
A Participant may not sell, pledge, hypothecate or otherwise assign or transfer any cash or Common Stock credited to the Participant's Plan Account, nor any other interest therein. No attempt to effect any such sale, pledge, hypothecation, or other assignment or transfer shall be effective.
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.
Below are some of the disadvantages to keep in mind as you determine how you want to set up your estate plan: Some debts, like alimony or child support, may not be exempt from a spendthrift trust. A spendthrift trust may be irrevocable, meaning that the trustor is not able to make changes whenever they wish.
Spendthrift trusts are a great option if you have a loved one you want to support, but the idea of giving them access to property all at once keeps you up at night. Perhaps your beneficiary has a disability or a mental illness that would prevent them from being able to manage their own finances.