What is a spendthrift trust?
A spendthrift trust is a legal arrangement created by an individual in the state of Washington which places assets into a trust managed by a trustee and designed to provide financial support to a designated beneficiary. The trust is created to protect the assets from creditors and those attempting to attach or seize the assets. The trust typically includes a stipulation limiting the beneficiary’s ability to use or transfer the trust’s assets without the trustee’s permission. This restriction is often called a “spendthrift clause.” In Washington, the spendthrift clause limits the beneficiary from incurring large debts or from transferring the trust’s assets to a third party. The trust may remain in place for a specified period of time or forever as determined by the trustor. The trustor can also impose additional restrictions designed to protect the beneficiary’s interest, such as restrictions preventing the beneficiary from engaging in frivolous purchases, gambling, or other activities which could endanger the trust’s assets. Trusts are commonly established in Washington to ensure the beneficiary’s financial security after the trustor’s death and before they receive their inheritance. Spendthrift trusts are especially important if the beneficiary is a minor or if the age difference between the trustor and beneficiary is too great.
Related FAQs
What is a testamentary gift?What happens if there is no will?
What is a no-contest clause?
What is the difference between an executor and a trustee?
What are the duties of a trustee?
What are the requirements to be an executor?
What is probate law?
What is a trust protector?
Are there any special rules for the sale of real estate by an executor?
What is a durable power of attorney?
Related Blog Posts
What You Should Know About Probate Law - July 31, 2023Probate Law: A Comprehensive Guide - August 7, 2023
Common Issues in Probate Litigation - August 14, 2023
The Benefits of Hiring a Probate Lawyer - August 21, 2023
What is Intestate Succession? - August 28, 2023