What is a Spendthrift Trust and how does it work?
A Spendthrift Trust is an estate planning tool that can be used in West Virginia to provide asset protection for beneficiaries. This type of trust is established in order to protect the trust’s assets from being used by creditors or other third parties. With a Spendthrift Trust, a beneficiary is still able to access and benefit from the assets, but the money remains safe from creditors as it is held in trust. When a Spendthrift Trust is set up in West Virginia, the Trustee is the person responsible for managing the trust. The Trustee has the authority to invest the trust assets and make decisions regarding distributions to the beneficiaries. The Trustee also has the responsibility of ensuring that the trust assets are not used to satisfy any debts or liabilities of the beneficiaries, and must also ensure the trust is compliant with all West Virginia state laws. The beneficiary of a Spendthrift Trust has limited control over the trust’s assets. The beneficiary may receive distributions from the trust as long as they do not conflict with the Spendthrift Trust’s purpose. These distributions are made at the discretion of the Trustee. The primary goal of a Spendthrift Trust is to protect the trust assets from being used to satisfy debts, liabilities, or creditors of the beneficiary. This type of trust also provides support for beneficiaries who are either disabled or have other special needs. With a Spendthrift Trust, the trust’s assets can be protected and put to good use for the beneficiaries.
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