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The Law Offices of Patrick Accisano, L.L.C.
732-201-6517
  • Home
  • About
    • F. Patrick Accisano
  • Practice Areas
    • Estate Planning
    • Probate & Estate Administration
    • Estate Disputes And Litigation
    • Elder Law And Medicaid Planning
    • Guardianship
    • Wills
  • Blog
  • Contact
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How a spendthrift trust can protect your heirs

On Behalf of The Law Offices of Patrick Accisano, L.L.C. | May 21, 2026 | ESTATE PLANNING - Estate Planning

Leaving money or assets to someone you love doesn’t always go the way you imagined. A beneficiary with poor financial habits can burn through an inheritance in months. It could be impulse spending, predatory lending, gambling or simply having no framework for managing wealth they never had to earn.

A spendthrift trust exists precisely for this situation. It lets you extend protection beyond your lifetime, ensuring what you built doesn’t unravel the moment it changes hands.

What a spendthrift trust actually does

Rather than handing assets directly to a beneficiary, a spendthrift trust places those assets under the control of a trustee, who distributes funds according to terms you set in advance. Your heir receives the benefit of the inheritance, but not unrestricted access to it.

Shielding assets from third parties

One of the most practical advantages of a spendthrift trust is asset protection. Assets in the trust don’t legally belong to the beneficiaries, which means they are safe from third parties. Your heirs’ poor financial decisions won’t expose trust assets to creditors, lawsuits or even divorce settlements in the same way direct ownership might.

Choosing the right trustee

The trustee carries real responsibility here. Whether you appoint a trusted family member, a professional fiduciary or a corporate trustee, that choice shapes how faithfully your intentions are carried out over time.

Make the most of a spendthrift trust

Don’t view a spendthrift trust as a permanent verdict on your loved one’s character. Think of it as a safeguard with flexibility built in. You can structure distributions to loosen over time as a beneficiary matures, completes milestones or demonstrates financial responsibility.

Reaching out for professional guidance can help you do everything right when setting up a spendthrift trust, from defining distributions and choosing the trustee to ensuring the document’s legal compliance. What you’ve worked so hard to build deserves a plan that outlasts you, and your loved ones deserve financial stability despite the challenges that often arise when wealth transitions between generations.

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