Legal Question in Wills and Trusts in Ohio
Trusts and creditors
I have an alcoholic, homeless, unemployeed brother that is in the rears for child support. With helping my mother plan out her will/trust we need to know if any money that is disbursed to him in the form of a trust can be touched by a creditor (i.e. child support, back rent etc.)? Does it make a difference if it's disbursed yearly say over five years vs. all at once?
Thank you!
1 Answer from Attorneys
Re: Trusts and creditors
I don't understand who will be the beneficiary of the trust, your brother or his children?
In general, though, if a trust has a "spendthrift" provision in it, the beneficiary's creditors cannot reach the money in the trust while it is in the trust. Once it is paid to the beneficiary, however, the creditors can get to it. It doesn't matter how often the money is disbursed, except the more often, the more the creditors may be able to get to it.
This really is a complicated question, and you should see an attorney in person to discuss the various complexities. You will need an attorney to draft the trust in any event.
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