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  • Justin Howe

How Your Estate Plan Can Protect Your Adult Beneficiaries


Discretionary lifetime trusts aren't just for young, troubled, or financially inexperienced beneficiaries. With so many frivolous lawsuits and high divorce rates, discretionary lifetime trusts should be considered for all of your beneficiaries, minors and adults alike.


What Is a Discretionary Lifetime Trust?


A discretionary lifetime trust is a type of irrevocable trust that you can fund while you are alive –in which case you will gift your assets into the trust for the benefit of your beneficiaries –or after you die –in which case your assets will be transferred into the trust for the benefit of your beneficiaries after death. The trust is discretionary because you dictate the limited circumstances when the trustee can distribute assets for the use and benefit of the beneficiaries. For example, you can permit the trustee to use trust to pay for education expenses, health care costs, a wedding, buying a home, or starting a business. If the trust is funded with enough assets that are invested prudently, and you choose the right trustee to carry out your wishes, the trust funds could last for the beneficiary’s entire lifetime.


How Does a Discretionary Lifetime Trust Protect an Inheritance?


With a discretionary lifetime trust, each of your beneficiaries will have a chance against lawsuits and divorcing spouses because their inheritance will be segregated inside of their trust, away from their own personal assets, and out of their control. Creating this type of protective “box” around the inherited property shows the world that the inheritance is not the beneficiary’s property to do with as they please. Instead, only the trustee can reach inside the box and, based on your specific instructions, pull funds out for the benefit of the beneficiary. Creditors, predators, and divorcing spouses are generally blocked from reaching inside the box and taking property out. When the beneficiary dies, what is left inside their box will pass to the heirs you choose. For example, you could decide to have the assets pass to your grandchildren inside their own separate boxes and on down the line, thereby creating a cascading series of discretionary lifetime trusts that will protect the inherited property and keep it in your family for decades to come.


Our firm is available to discuss how you can incorporate discretionary lifetime trusts into your estate plan. Your family will certainly be glad you did. Give us a call today!

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