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Spendthrift Provision

A spendthrift provision is a provision in a trust that prevents a spendaholic or person who cannot manage money from handling the trust on their own. The trust is handled by an independent financial trustee who disperses the money as needed. Creditors cannot access the money and it is safe from lawsuits and judgments against the beneficiary. These provision are often there result of the grantor knowing in advance the spending habits of the intended beneficiary and that they are unable to handle money. The spendthrift provision is part of an irrevocable trust and creditors cannot attach or reach the monies in the account. Grantors who set up a trust with a spendthrift provision and name themselves as the beneficiary are not free from creditors being able to access the funds.

Fast Facts

  • Spendthrift provisions are safety measures to prevent over zealous spenders from blowing through trust accounts.
  • Spendthrift provisions prevent companies that buy up future interests in trusts from being able to access these trusts.

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