Trust Funds Explained™

Descriptive label

Spendthrift Trust

A trust containing a spendthrift clause that limits voluntary and involuntary transfer of a beneficiary's interest.
Note: "Spendthrift Trust" is a descriptive label, not necessarily a standalone legal trust form. Its rules depend on the underlying arrangement and applicable law.

Typical purpose

To protect a beneficiary's inheritance from imprudent spending and certain creditors.

How it operates

The trustee controls distributions; beneficiaries cannot assign future interests.

Who might use it

Grantors concerned about a beneficiary's financial habits or exposure.

Assets commonly involved

  • ◆Any trust property

Potential advantages

  • ◆Beneficiary-level protection in many states

Legal and tax limitations

  • ◆Exceptions exist (e.g., child support, certain taxes)
  • ◆Does not protect the grantor's own assets in most states

Establishment & administration

  • ◆Valid spendthrift clause
  • ◆Independent trustee recommended

Common mistakes

  • ◆Assuming absolute protection
  • ◆Beneficiary serving as sole trustee

Questions to ask a professional

  • ◆Which state's law should govern this arrangement, and why?
  • ◆Who should serve as trustee and successor trustee?
  • ◆How will the trust be taxed at the federal and state level?
  • ◆What assets must be retitled, and who handles the transfers?
  • ◆What ongoing records, filings, and reports will be required?

Educational information only. Trust law varies by state; consult qualified legal, tax, and financial professionals before acting.

Next step

Move from understanding to a properly reviewed plan.

Discuss a Spendthrift Trust With Tangier

Educational information only. Not legal, tax, or investment advice.