Financial advisors and tax professionals seeking to help clients protect trust assets in the event of divorce, lawsuits or an extravagant heir should know the basics of a spendthrift clause.

“Arthur” asked one of the most frequent questions I hear from readers about one of the biggest frustrations in estate planning: “Is there some way to prevent a financially irresponsible child from ...

A settlor must intend to create a spendthrift trust, and, as such, the trust must contain a spendthrift clause that restrains both voluntary and involuntary alienation. 1 A provision as simple as ...

Most jurisdictions offer some form of asset protection for both self-settled and third-party trusts through the incorporation of spendthrift provisions. In fact, traditional asset protection has ...

A spendthrift is an individual who is prone to using property in an excessive or frivolous manner. Thus, a spendthrift trust serves two important purposes: (1) it protects the beneficiary of the trust ...

“Arthur” asked one of the most frequent questions I hear from readers about one of the biggest frustrations in estate planning: “Is there some way to prevent a financially irresponsible child from ...

Providing for someone you care about can be one of life’s great challenges. You may have a spouse or partner who depends on you financially. Or a relative with money problems who sometimes turns to ...

My clients often want to protect their legacy from their own children’s poor planning or misfortune. A trust offers protections many beneficiaries cannot obtain for themselves from creditor claims, ...

Question: I am a beneficiary of my grandfather’s estate. There was a lot of real estate and most has been sold. The trustee has distributed all available cash to us. There is one more property to sell ...

A spendthrift provision in a trust does not preclude the remainder beneficiary from devising by a will his interest in the assets of the trust estate. Texarkana Court of Appeals, No. 06-07-00025-CV ...