The Benefits Of A Spendthrift Trust

Posted by Janssen Estate Probate and Elder LawDec 12, 20220 Comments

the benefits of a spendthrift trust

If you are wondering about ‘the benefits of a spendthrift trust' then Janssen Estate Probate & Elder Law is committed to guiding you. At Janssen Estate Probate & Elder Law, we have over 35 years of experience helping our clients in the Kansas City Metropolitan Area and assisting them in making informed decisions when it comes to estate planning.

In this article, we'll delve into the world of spendthrift trusts. We will cover its purpose, process, the benefits it brings, and how you can set one up yourself. We will also show how easy and advantageous it is to hire an attorney.


What Is A Spendthrift Trust?

Spendthrift trusts provide assets to beneficiaries while simultaneously restricting them from irresponsible spending. This can be an essential part of estate planning as it combines financial protection with controlled access to assets.


How Does A Trust For Spendthrifts Work?

Spendthrift trusts work by transferring assets to a trustee who then manages and distributes them according to trust terms, while beneficiaries have limited control of these assets to protect them from creditors or reckless spending.


What Are The Benefits Of Spendthrift Trust?

Spendthrift Trusts can offer numerous advantages.

  • Creditor Protection: Assets held in trust are often protected from creditors, providing your loved ones with financial security even during times of hardship.
  • Control Over Distributions: Trustees have complete control over how funds are dispersed among beneficiaries, whether on an ongoing or one-off basis. This ensures that each dollar is spent responsibly.
  • Estate Tax Efficiency: Spendthrift Trusts can help to reduce estate taxes, allowing more assets to pass onto your heirs without paying as much in taxes.
  • Protection Against: Spendthrift Beneficiaries. If you are concerned about how a beneficiary manages their finances, creating a trust for spendthrift beneficiaries could provide important protection.
  • Privacy: In contrast with wills, a spendthrift trust's terms remain private - this prevents public scrutiny of financial matters.

How To Establish A Spendthrift Trust?

Establishing a trust for spending purposes requires several steps.

  • Set Your Goals: Outline what it is you wish to accomplish, the beneficiaries, and any assets that need protecting.
  • Select a Trustee: Select someone or an institution who will serve as the trustee to manage and monitor your trust.
  • Draft the Trust Agreement: Consult an attorney in order to draft a document outlining all of the conditions surrounding your trust agreement.
  • Fund the Trust: Transfer assets to a trust, making sure each has an official title.
  • Regular Reviews: Review and update your trust as required to reflect any changes in circumstances or any unforeseen developments.


Why Hiring An Attorney Can Be Beneficial?

Attorneys who specialize in estate planning have the legal know-how and skills to ensure that your trust remains compliant.

  • An attorney can create a trust that meets all your goals and needs.
  • Legal professionals will ensure compliance with all relevant laws and regulations.


When Should I Seek The Services Of An Attorney?

  • When you want to establish a spendthrift trust.
  • When you need to modify or revamp an existing trust
  • Your financial concerns regarding the beneficiaries you care for are of great concern to you.


What Criteria Must Be Followed When Searching For An Attorney?

Keep these factors in mind when searching for an attorney:

  • Experience: Look for attorneys with proven expertise in estate planning, including spendthrift trusts.
  • Reputation: Reviews or referrals will allow you to assess an attorney's reputation.
  • Communication: Make sure the attorney you hire can clearly and patiently explain complex legal matters to you while listening carefully to you.


Why Choose Janssen Estate Probate & Elder Law

Janssen Estate Probate & Elder Law takes great pride in our expertise in estate and spendthrift planning, thanks to a team with great expertise and an excellent track record. This allows us to create solutions specifically tailored for you while our open communication ensures you remain informed throughout every stage of the process.


Suggestions for Action

  • Consult an Attorney: For advice regarding creating a spendthrift trust, it would be beneficial to speak to an experienced attorney.
  • Determine Beneficiaries: Before creating the trust, determine who will benefit and the level of control they would like over its assets.
  • Review Existing Trusts: If you have an existing trust, make sure it fits with your goals and objectives.
  • Update Yourself Regularly: Stay informed about any changes to your assets, beneficiaries, or life.

Spendthrift trusts can be an excellent tool for providing financial security, protecting assets, and responsibly managing wealth. For the best experience when setting up such an estate planning tool, always consult an attorney. A spendthrift trust can also serve as an asset protection mechanism against creditor claims. Contact us today at 913-322-6300 or send us an email on our Contact Page.