A trust is a legally binding document designed to protect assets and provide for beneficiaries. There are different types of trusts, each with its own purpose and benefits.  

Spendthrift trusts are a specific type of trust that allows the person setting up the trust, known as the grantor, to control the trust property in such a way that limits the beneficiary's access to the principal property. These types of trusts can be extremely useful when you have a beneficiary who needs assistance in managing the property or is at risk of getting into debt with multiple creditors. 

Like with any trust, one of the key benefits of a spendthrift trust is that it can help sidestep the time and expense of probate. However, the biggest advantage of a spendthrift trust is how much security it can provide to the beneficiary. 

If you're ready to discuss your options with a trust attorney in Los Angeles, then contact the Law Office of Rodney Gould today for a consultation. Well-versed in both estate planning and probate law, Rodney Gould can help you evaluate and determine which trust would be best suited for your needs.  



Creating Spendthrift Trusts

A spendthrift trust is designed to allow for regular distributions of income and principal from the trust, while also protecting the remaining assets from creditors. This means that even if a beneficiary has multiple debts or is going through bankruptcy proceedings, their share of the trust will be protected and cannot be taken by creditors. 

Creating a spendthrift trust involves a series of strategic and legal steps, usually orchestrated with the assistance of an experienced attorney familiar with trust law.  

  1. First, the grantor must determine the terms of the trust, including how and when the funds will be distributed to the beneficiary. The trust document must articulate these terms clearly to prevent future misinterpretation and legal challenges. 

  1. Once the terms are established, the grantor needs to officially transfer the assets they wish to protect into the trust. This process of funding the trust is pivotal as it legally changes the ownership of the assets from the grantor to the trust itself. The trust becomes a separate legal entity that holds and manages the assets as per the outlined terms. 

  1. Upon creation, a trustee must be appointed to oversee the trust's administration. This trustee has the fiduciary duty to manage the trust property responsibly and in the best interest of the beneficiary, following the specific terms set by the grantor. Regular accounting and reporting might be required to ensure transparency and trust compliance, depending on jurisdictional laws. 

Consult with an estate planning or trust attorney who can guide you through the process. An experienced attorney like Rodney Gould can help determine if a spendthrift trust is the right choice for you and your beneficiary.  

Key Things to Consider

When creating a trust for asset protection, it's important to carefully consider the specific terms. Some key elements to consider include: 

  • Your beneficiaries: Who will benefit from the trust and how? 

  • Distribution schedule: How often and under what circumstances should distributions be made? 

  • Trustee responsibilities: What duties and powers does the trustee have in managing the trust? 

  • Termination of the trust: When does the trust end, and how are any remaining assets distributed? 

Opting for an irrevocable trust is often necessary to relinquish control and safeguard the assets from legal claims. However, this also means that the grantor cannot change or revoke the trust once it's created. It's a decision that requires careful thought and planning with the guidance of an experienced estate lawyer. 

Additionally, if contingent conditions are included or if the trustee is given complete discretion, the beneficiary's access to the trust assets can be restricted. In this case, the trustee becomes the only way for the beneficiary to access the assets. The trustee can also make regular payments or buy goods and services on behalf of the beneficiary. This approach prevents the trust assets from being wasted all at once and offers extra protection for beneficiaries who may struggle to handle large amounts of property or cash. 

Is a Spendthrift Trust Right for You?

When considering whether a spendthrift trust is the right choice for you, it's important to assess the specific needs and circumstances of your intended beneficiary. If there are concerns about their ability to responsibly manage your property, potential issues with creditors, or susceptibility to fraud or deception, a spendthrift trust may be the best option. 

Working with an estate planning or trust attorney can help you evaluate your goals and determine if a spendthrift trust aligns with your objectives. They can provide guidance on the advantages and potential drawbacks of this type of trust and help you make an informed decision. 

Why Rodney Gould?

Rodney Gould, an experienced attorney based near Los Angeles, California, has a deep understanding of the purpose and intricacies of spendthrift trusts. He can provide invaluable guidance and assistance in creating and managing these types of trusts. 

With a focus on personalized service and attention to detail, Rodney Gould ensures that each client's unique needs and goals are met. Whether you require asset protection, assistance with probate, or guidance on estate planning, Rodney Gould's dedication makes him a trusted choice for your legal needs.  

As a Michigan native who started as a civil prosecutor, Rodney Gould is equipped with invaluable experience and insight into the nuances of estate planning and probate law. His active involvement in his community, including serving on the boards of several organizations, reflects his commitment to service.  

Contact Rodney Gould today to learn more about how he can help you with your spendthrift trust needs and other legal matters.


A spendthrift trust can provide peace of mind for both the grantor and beneficiary by offering protection from potential risks. It's a useful tool in estate planning that should be considered carefully with the assistance of a skilled lawyer, like Rodney Gould. With his experienced and personalized approach, he can guide you through the process of creating and managing a spendthrift trust that meets your specific needs and objectives. Call today to get started.