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Estate Plans and Your Family
Would Your Survivors Spend It All?
by Frederick Hubler Jr. (Write for us!)
(Click on the links within the article to get definition of that word)
Like most seniors, you have worked hard to get where you are financially. And you want to make
sure that your heirs receive everything that you had planned to leave them. To accomplish this, you may have even established a trust to reduce transfer costs and possibly shelter taxes. But what will happen once your loved ones receive their inheritance?
Will they invest it wisely for the future or quickly spend it all? Or will angry creditors line up at their door to get paid? An additional special clause within your trust may possibly assure that the assets that you pass to your beneficiaries will last as long as you had wished.
A spendthrift clause prevents trust beneficiaries from voluntarily or involuntarily transferring current or future rights in the trust. Without this, beneficiaries have unrestricted ability to use the assets, and thus their creditors can attach those funds. State laws determine the exact language and the degree of creditorprotection spendthrift trustsoffer. Nevertheless, the concept restricts the beneficiaries' access to
the trust's property.
The trustee whom you select is usually given the discretion to distribute money as needed to the beneficiaries. This may be an ideal choice for a beneficiary who is financially irresponsible and likes to spend. Or you may want to provide for a loved one who has special physical or mental needs.
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