Legal Question in Wills and Trusts in California

Can a settlor set up a trust provision that is discretionary as to the income they receive? I know they cannot set up a spendthrift provision in relation to themselves.

Asked on 6/25/10, 5:18 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services
0 users found helpful
0 attorneys agreed

You are wrong. An irrevokable trust can have a spendthrift provision as to the settlor even if they remain a beneficiary, and even if they are trustee. It is enforceable by any remainderman.

Read more
Answered on 6/25/10, 10:51 pm

Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in California

Looking for something else?

Get Free Legal Advice

88433 active attorneys ready to answer your legal questions today.

Probate, Trusts, Wills & Estates Legal Forms

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Legal Form

Featured Attorneys

Timothy McCormickLibris Solutions - Dispute Resolution ServicesSan Francisco, CA
Anthony SmithLawSmithLee's Summit, MO
Scott RiddleLaw Office of Scott B. Riddle, LLCAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now