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Spendthrift Clause

A spendthrift clause is a clause put into a will to protect people who are known for being unable to handle money well. It is designed to prevent them from spending their money too quickly on unimportant items and then having nothing left to live on. The clause restricts the beneficiary's ability to access their inheritance before the receive it through third party transfers and payment promises and prevents the inheritance from the being accessible to the beneficiaries creditors. The spendthrift provision is actually a part of many well drafted trusts regardless of whether or not the beneficiary is a known spendthrift. This is done to protect the trust from judgments in the event the beneficiary is sued and tries to collect on the trust.

Fast Facts

  • Most states allow the child support and alimony to override the spendthrift clause.
  • Spendthrift trusts where the creator is the beneficiary are not always protected from creditors due to the possibility that the creator is attempting to defraud the collectors.

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  • What is a Spendthrift Trust?

    A spendthrift trust is specifically designed to benefit one or more beneficiaries, while at the same time prot...
    • Site: willsandtrustslawfirms.com
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  • Family Law and Bankruptcy

    1. How does bankruptcy affect a divorce? Family law and bankruptcy seem to go together like Batman and Robin. ...

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