Oregon Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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Multi-State
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US-02272BG
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Description

A Trust is an entity which owns assets for the benefit of a third person (beneficiary). Trusts can be revocable or irrevocable. An irrevocable trust is an arrangement in which the trustor departs with ownership and control of property. Usually this involves a gift of the property to the trust. The trust then stands as a separate taxable entity and pays tax on its accumulated income. Trusts typically receive a deduction for income that is distributed on a current basis. Because the trustor must permanently depart with the ownership and control of the property being transferred to an irrevocable trust, such a device has limited appeal to most taxpayers.


A spendthrift trust is a trust that restrains the voluntary and involuntary transfer of the beneficiary's interest in the trust. They are often established when the beneficiary is too young or doesn't have the mental capacity to manage their own money. Spendthrift trusts typically contain a provision prohibiting creditors from attaching the trust fund to satisfy the beneficiary's debts. The aim of such a trust is to prevent it from being used as security to obtain credit.

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  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions
  • Preview Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions

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FAQ

The spendthrift clause gives the insurer the right to hold back the proceeds and protect the funds from creditors. 4 In this case, your insurer may prefer to pay the insurance money in installments to your son rather than as a lump sum.

Irrevocable trusts are an important tool in many people's estate plan. They can be used to lock-in your estate tax exemption before it drops, keep appreciation on assets from inflating your taxable estate, protect assets from creditors, and even make you eligible for benefit programs like Medicaid.

Black's Law Dictionary defines a spendthrift as: One who spends money profusely and improvidently; a prodigal; one who lavishes or wastes his estate. A spendthrift trust is: A trust created to provide a fund for the maintenance of a beneficiary and at the same time to secure the fund against his improvidence or

But assets in an irrevocable trust generally don't get a step up in basis. Instead, the grantor's taxable gains are passed on to heirs when the assets are sold. Revocable trusts, like assets held outside a trust, do get a step up in basis so that any gains are based on the asset's value when the grantor dies.

Benefits of a Spendthrift TrustProtects your estate from negligent spending habits. Distributes assets incrementally, instead of at once. Protects assets from your beneficiary's creditors. Bypasses probate (if established during your lifetime)

The grantor should also name a successor trustee who would take over when the grantor dies. The beneficiary cannot be a trustee.

A spendthrift clause refers to a clause creating a spendthrift trust which limits the ability of assets to be reached by the beneficiary or their creditors.

The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.

The downside to irrevocable trusts is that you can't change them. And you can't act as your own trustee either. Once the trust is set up and the assets are transferred, you no longer have control over them.

The spendthrift trust legal strategy can create unique value in the transfer of wealth as well as the preservation of assets during ones lifetime. There are a number of versions of it. As indicated above, one can apply them to financial planning challenges beyond saving the family fortune from the reckless heir.

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Oregon Irrevocable Trust Agreement for Benefit of Trustor's Children and Grandchildren with Spendthrift Trust Provisions