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For Central Texas families, estate planning involves protecting assets. Life insurance is a powerful tool, typically income tax-free, but its payout can trigger federal estate tax. This paradox is a complex problem we help clients resolve. Our goal is simple: ensure life insurance provides security, passing directly to heirs and shielding them from probate delays and estate taxes.

The Core Problem: Policy Ownership in Texas

Determining the policy’s owner when you pass away is the primary step to avoiding a tax issue. If you, the insured, own or retain any “incidents of ownership,” the IRS includes the entire death benefit in your taxable estate.

Incidents of ownership are broadly defined rights, such as the power to name beneficiaries, pledge the policy for a loan, or surrender the policy for cash. If you bought the policy, you likely hold these powers.

While the current federal estate tax exemption is substantial, life insurance can increase the value of the estate and for many families push it over the exemption amount. The critical and impending change means many more Central Texas families will find wealth, including large life insurance payouts, subject to this federal tax. This federal rule presents the primary financial danger since Texas does not levy a state estate tax.

The Community Property Complication

Texas’s community property laws make life insurance planning tricky. Under the Family Code, assets acquired during marriage are typically community property (Texas Family Code, Sec. 3.002).

This rule extends to life insurance policies. The policy is deemed a community asset if premium payments come from marital income.

This ownership structure sets a trap. If one spouse holds the policy and uses community money for premiums, as much as half the payout may be counted in the first spouse’s taxable estate. More commonly, the full value ends up in the surviving spouse’s estate, leading to an unwarranted tax bill for the heirs. Simply naming a beneficiary is insufficient to bypass this estate inclusion.

The Solution: An Irrevocable Life Insurance Trust (ILIT)

A very effective strategy for integrating a life insurance policy without triggering estate taxes is the Irrevocable Life Insurance Trust (ILIT). This trust is a distinct legal entity designed solely to own life insurance.

The trust, not the insured person, owns and holds all incidents of ownership. The death benefit is successfully removed from the insured’s taxable estate when the trust owns the policy. This simple shift in ownership can preserve millions for your heirs as the insurance proceeds won’t count as part of the decedent’s estate. 

The Texas Insurance Code confirms that an individual can designate a trustee as the policy beneficiary (Texas Insurance Code, Sec. 1104.021). Upon the insured’s death, the trustee collects the tax-free proceeds and manages those funds according to your established terms.

ILIT Benefits for Your Legacy

An ILIT offers three critical benefits for Waco, Georgetown and Central Texas families:

• Estate Liquidity: The proceeds can give your estate the cash to pay any remaining taxes or debts, preventing the forced, quick sale of valuable assets like a family farm or business.
• Asset Protection: Funds held within the trust are shielded from a beneficiary’s creditors, lawsuits, or divorce claims.
• Controlled Distribution: You dictate exactly when and how the funds are paid to your children or grandchildren, which is essential for minors or beneficiaries with special needs.

Key Implementation Steps

Creating an ILIT requires precision because it is irrevocable; you cannot easily change or terminate it. We focus on two key decisions.

First, you must choose a trustee. You cannot serve as your own trustee; this would be an incident of ownership. We help clients appoint a trusted family member or a corporate trustee who can competently carry out the fiduciary duties.

Second, the trust must be adequately funded. Money transferred to the trust for premium payments is considered a gift. To use your annual federal gift tax exclusion, ILITs must include a “Crummey power.” This provision gives the beneficiaries a temporary right to withdraw the gifted funds, satisfying IRS requirements. These yearly procedures must be executed appropriately. 

Specialized Counsel for Waco and Georgetown Families

Integrating life insurance into your plan requires a command of federal tax law and the specific statutes governing community property and trusts in Texas. Specific and detailed knowledge is essential for preserving generational wealth for Central Texas families.

At Rainey & Rainey, PLLC, Attorneys at Law, our focus is on elder law and estate planning. We do not practice in any other area. This singular focus ensures we are consistently informed of the most up-to-date state and federal law changes. Clients can trust our advice is grounded in current, highly experienced knowledge specific to their planning needs.

We also believe in precise, financially transparent planning. Once we understand your specific goals, we typically work with a flat-fee structure. You walk away knowing the full cost of the legal work required to secure your family’s legacy, providing certainty and peace of mind.

Do not wait for the 2026 tax changes to finalize your plan. We are ready to help you ensure your life insurance delivers its full, tax-free value.

We invite you to contact us at our Waco or Georgetown offices. Call our Waco office at (254) 752-8644 or our Georgetown office at (512) 598-9005.

Being a single parent in Waco or Georgetown means you carry a heavy load and are the center of your family’s world. While you plan for their daily lives, it’s important to consider who would provide for them if you were no longer there. A comprehensive estate plan for single parents is about more than just assets; it’s about securing your children’s well-being. Without a strong strategy, you risk creating needless stress and legal issues for your children. We help you understand these challenges and build a plan that offers peace of mind and protection.

The Most Important Decision: Naming a Guardian

For a single parent, a critical decision in an estate plan is naming a guardian for your minor children. Without a will, a Texas court will decide who raises your children if you pass away. While the court will always try to decide based on the child’s best interest, the person they choose may not be who you would have wanted.

Under the Estates Code, Texas law provides a legal path for a court to name a guardian. The court will often consider the child’s other biological parent first. If that parent is not in the picture or deemed unsuitable, the court will look to other relatives. They may choose a grandparent, a sibling, or another family member. This public process can lead to family conflict and may not result in your children living with the person you trust most. By creating a will, you can nominate a guardian and a backup guardian, giving the court a clear guide to follow.

Protecting Your Child’s Inheritance

Without a will, a single parent’s assets pass to their children under Texas intestacy laws. A problem arises because a minor cannot legally receive a direct inheritance in Texas. This means a court must establish a guardianship of the estate to manage the funds. This guardianship, overseen by courts like the McLennan County Probate Court in Waco, is often costly and time-consuming, with expenses paid from the child’s inheritance. The court-appointed guardianship ends when the child turns 18, and they receive the entire inheritance at once. We help our clients find a more secure way to provide for their children.

A Better Way: The Power of a Trust

A trust is a powerful estate planning tool for single parents. Instead of leaving assets directly to your child, you can leave them to a trust managed by a trustee you have chosen and empowered. The trustee can be a trusted family member, friend, or professional. A trust provides several benefits that a traditional will cannot.

• Financial Control: You can set the terms for the trustee’s use of the funds. You can specify that the money will be used for education, health care, or living expenses. A trust also gives you control over when your children receive their inheritance. You can set the age at which they receive a portion or all of the assets, like at ages 25 and 30, instead of when they turn 18.
• Avoids a Guardianship of the Estate: Using a trust avoids the time-consuming and expensive process of a court-supervised guardianship. The trustee can manage the funds privately without court oversight, saving time and money.
• Privacy: Unlike a will, which becomes a public record once filed with the court, a trust is a private document. It keeps your financial matters confidential and protects your child’s inheritance from public view.

Providing for Your Child’s Immediate Needs

If you become incapacitated due to illness or injury, a court may need to appoint a legal guardian for you, which can be a slow and expensive process. Unlike married parents, a single parent does not have a spouse to take on these responsibilities automatically. We help our clients create a clear plan that addresses these concerns.

Two essential documents are a Durable Power of Attorney for finances and a Medical Power of Attorney for healthcare decisions. These documents let you name a trusted person to act on your behalf, ensuring your children are provided for and your wishes are known if you can’t act for yourself.

Our Approach to Planning for Single Parents

At Rainey & Rainey, PLLC, Attorneys at Law, we understand your unique responsibilities. We are a compassionate team dedicated to helping single parents in Waco and Georgetown create comprehensive estate plans to protect their children’s futures. Our attorneys focus on Elder Law, which means we work to stay informed on the most current information in this area. We typically use flat fees, so once we understand your needs, you can clearly understand the full cost of the work you need to have done.

Having a clear estate plan is one of the most loving and powerful things you can do for your children. It is about protecting their well-being and ensuring their future is secure. We are here to help you do that. We invite you to contact our offices in Waco and Georgetown. You can reach us at (254) 752-8644 or (512) 598-9005.

A wedding begins a beautiful new chapter, filled with shared dreams and exciting possibilities. As you celebrate your life together in vibrant communities like Waco or historic Georgetown, your focus is naturally on building a shared future, not on contemplating the unexpected. However, marriage is a monumental life event with profound legal consequences that directly impact your assets, property, and your spouse’s well-being. While you are young and deeply in love, proactively planning for your estate now is one of the most compassionate and responsible actions you can take for each other. It’s a testament to your commitment, ensuring that even in unforeseen circumstances, your loved one is protected and your wishes are honored.

As a newly married couple, estate planning extends beyond simply writing a will. It involves thoughtfully constructing a comprehensive legal framework designed to safeguard your spouse’s future and to fulfill your personal desires regarding your legacy definitively. At Rainey & Rainey, PLLC, Attorneys at Law, our goal is to empower you to create an estate plan confidently, ensuring peace of mind for your new life together.

Your Assets and Texas Community Property Law

Before you were married, your assets were considered your separate property. This includes anything you owned before the wedding and any gifts or inheritances you received, even after you were married. In Texas, we operate under a community property system. This means that, with few exceptions, any property you acquire while you are married is considered to be owned equally by both of you.

This distinction is essential. Your income, the home you buy together near the Brazos River in Waco, or a car purchased in Georgetown, are all considered community property. The law sees it as shared even if only one spouse’s name is on a title or account. We work with couples to help them understand their property and how it will be treated under the law.

The Problem of Intestacy for Married Couples

When a person dies without a will, it is called dying intestate. Many newlyweds assume that the surviving spouse would automatically inherit everything if something happened to one of them. In Texas, this is not always true. Texas has a set of rules in the Estates Code that dictate how assets are divided when there is no will.

For example, if a married person dies without a will but has children from a previous relationship, the surviving spouse does not inherit all the community property. The spouse only inherits the decedent’s half of the community property, while the children from the previous relationship inherit the decedent’s half. The surviving spouse would also inherit only a portion of any separate property, with the children inheriting the rest. This situation can be heartbreaking for a surviving spouse, and it’s easily avoidable with a clear, written plan.

The Cornerstone of Your Plan: A Will

A will is the foundational document of any estate plan and is vital for newlyweds in Texas. A will allows you to direct who inherits your property, name an executor to manage your estate, and even nominate a guardian for any future children you may have.

Under the Texas Estates Code, for a will to be valid, it must be in writing, signed by you, and attested to by two credible witnesses over 14 who sign in your presence. While Texas law allows handwritten wills without witnesses, we find it much safer and more reliable to create a properly drafted document. A formal will can help prevent disputes and make the probate process much smoother for your surviving spouse.

Powers of Attorney: Planning for Incapacity

Estate planning is not just about what happens after you die. It’s also about what happens if you become unable to manage your own affairs due to an illness or injury. For a married couple, this is a particularly sensitive topic. Many people assume their spouse has the automatic legal authority to handle their medical and financial decisions, but this is not always true.

This is where powers of attorney become essential. A Durable Power of Attorney for finances, governed by the Texas Estates Code, lets you name your spouse as your agent to handle your financial matters if you become incapacitated. A Medical Power of Attorney gives your spouse the authority to make healthcare decisions on your behalf. Without these documents, a court may need to appoint a legal guardian, which can be expensive, time-consuming, and public. These legal protections offer crucial peace of mind for couples in the Georgetown, Temple, Belton and Williamson County areas, or Waco and McLennan County.

Our Compassionate Approach to Planning

At Rainey & Rainey, PLLC, Attorneys at Law, we are a compassionate team dedicated to helping you create a plan that fits your new life together. We focus exclusively on Elder Law, which means we work to stay informed on the most current information in this area. Our attorneys typically use flat fees, so once we understand your needs, you can clearly understand the full cost of the work you need done.

A good estate plan for newlyweds is about more than just legal documents; it’s about providing security and care for the person you love most. We invite you to contact us for a consultation. We have offices in Waco and Georgetown. You can reach us at (254) 752-8644 or (512) 598-9005.

Our lives in Central Texas, including Waco, Temple, Belton and Georgetown are filled with digital connections, from photos in the cloud to online bank accounts. Our digital footprint holds sentimental and financial value but is often an overlooked part of our legacy. A traditional will, which focuses on physical property, may not give your loved ones the authority they need to access these accounts after you’re gone. Without a clear plan, your family could face frustrating challenges, and your digital legacy could be lost forever. We’re here to help you understand how Texas law addresses this modern challenge.

What Are Digital Assets?

Digital assets are any electronic records or information. This includes a wide range of things that we use every day. They can be financial, like online bank accounts, investment portfolios, and cryptocurrency. They can be personal, like social media accounts, email, and photos stored in the cloud. They can also be intellectual property, such as blogs, websites, and domain names.

Many of these assets are protected by passwords and security protocols that prevent anyone from accessing them. When you sign up for these accounts, the Terms of Service agreements you agree to state often that they are for your use only. This means that even your spouse or children may not have the legal right to access them, even with a will or power of attorney. This is where Texas law provides a clear framework.

The Texas Law on Digital Assets

Texas’s law on digital assets, called RUFADAA, gives a legal path for an executor or trustee to manage a person’s online accounts. The law balances a person’s privacy with the need to settle an estate. It creates a clear order for access, prioritizing any online tools you’ve used, like a legacy contact on a social media site. These online settings take priority over instructions in your will or trust, so it’s vital to coordinate your entire plan. Your will or power of attorney determines a fiduciary’s access if a service doesn’t have an online tool. Without a plan, a company’s terms of service usually dictate access, often leaving very little for your family to handle.

Why a Digital Asset Plan Is So Important

Leaving a clear plan for your digital assets can save your family time, money, and stress. Without instructions, your loved ones may not even know which online accounts you have, let alone how to access them. They could be locked out of sentimental items like family photos or miss out on financial assets like a cryptocurrency wallet or online bank account.

The challenge is often gaining access to the information. For example, if you own cryptocurrency, it is not managed by a traditional bank. The ownership may be tied to private keys; if those keys are lost, the assets may be lost forever. We help our clients create a clear inventory of their digital assets and provide a secure way to pass on the necessary information.

Steps to Take in Your Texas Estate Plan

Creating a digital asset plan is a simple but crucial part of the estate planning process. We guide our clients through a few key steps to ensure their wishes are honored.

• Create a Digital Inventory: List all your online accounts, including financial, social media, email, and subscription services. You should also note where your digital photos, videos, and documents are stored.
• Provide Secure Access: Do not put usernames and passwords in a will, as that document becomes a public record. Instead, provide a secure way for your chosen fiduciary to access the information. This could be a password manager or a secure document stored with your attorney.
• Appoint a Digital Fiduciary: Use your will or trust to name a person to manage your digital assets. This person should be someone you trust and who is comfortable with technology.

The laws and technology surrounding digital assets are constantly changing. Our firm is dedicated to this evolving area of Elder Law, so we work hard to stay informed. A good plan will be flexible enough to change over time, and we can help you with a process that makes updates easy.

Our Approach to Your Digital Legacy

At Rainey & Rainey, PLLC, Attorneys at Law, we understand how important it is to protect all parts of your legacy, including your digital one. We are a compassionate team committed to helping families in Waco and Georgetown create comprehensive plans that address today’s modern challenges. A good plan begins with a conversation about your family, values, and goals. Our attorneys work with flat fees, so once we understand your needs, you will have a clear understanding of the full cost of the work you need to have done.

Planning for digital assets is not about complicated passwords; it’s about protecting your memories and property for the people you love. We invite you to contact us for a consultation to learn more. We have offices in Waco and Georgetown. You can reach us at (254) 752-8644
or (512) 598-9005.

In Central Texas, families in Waco, Temple, Belton and Georgetown work hard to build their legacies. It’s easy to put off planning for the future, but waiting can create needless challenges for those you care about most. A modern estate plan is more than just a will. Today’s world is complex, with issues like digital assets and blended families. These situations need careful thought, and Texas law adds another layer of detail. We aim to help you understand these challenges so you can confidently plan.

Understanding Texas Community Property Law

One of the most significant factors in Texas estate planning is our state’s community property system. This fundamental concept can shape how your assets are distributed, sometimes in unexpected ways. In Texas, with limited exceptions, most property acquired during a marriage is presumed to be owned equally by both spouses, regardless of whose name is on the title. A car, a house, or a bank account can be and are presumed to be community property.

Separate property, on the other hand, includes assets acquired before or during the marriage by gift or inheritance. The distinction between community and separate property is a legal matter that can complicate a plan. For example, if you are married and no will is in place, the distribution of assets must follow the rules of  descent and distribution Texas law. We work with families to help them understand these laws and how they apply to their unique situation.

The Problem of Dying Intestate in Texas

Intestacy is the legal term for dying without a valid will. Many people believe their assets will automatically pass to their spouse or children in an arrangement they assume is fair. This is not always the case in Texas. The state has a strict set of rules, outlined in the Texas Estates Code, that dictates how your property will be divided if you do not have a will.

Dying intestate means your wishes for certain people or causes may be left unfulfilled. Under Texas’s intestacy laws, a beloved long-term partner who is not a spouse or a cherished stepchild who was never formally adopted would receive nothing.  Likewise, a spouse does not inherit separate property or community property if there are children from outside the marriage.  The same is true for a favorite charity or a close friend who is considered family. This is one of the most common and difficult challenges we see families in our community face. Without a plan, the state will make these important decisions for you.

Beyond the Will: The Importance of a Modern Plan

In addition to a will, a modern estate plan can address what happens after you’re gone and if you cannot manage your own affairs. A Durable Power of Attorney allows you to name an agent to handle financial matters if you become incapacitated, as outlined in the Texas Estates Code Chapter 751. A Medical Power of Attorney gives a trusted person the authority to make healthcare decisions for you. Without these key documents, a court may have to appoint a guardian over you, which is a public and often an expensive and lengthy process.

Another helpful tool is a trust. Many families use trusts to manage assets and pass them to heirs outside court-supervised probate. A trust offers privacy and control and can be customized for specific needs, such as providing for a family member with special circumstances. We help our clients choose the right tools for their goals.

The Texas Probate Process: Understanding the Options

Probate is the legal process of settling an estate after death. While many people think this process is always expensive and time-consuming, Texas law provides options for a more efficient administration. For example, our state allows for independent administration, which lets the executor you name in your will manage the estate with minimal court involvement. This can save your family significant time and money, it is still time consuming and expensive.  

Common Local Challenges in Central Texas

Living in and around Waco, Temple, Belton and Georgetown brings a particular lifestyle and unique challenges that can be addressed with thoughtful planning. With these areas are growing, many families may have acquired real estate, opened new businesses, or blended families through second marriages. These life events require an updated plan. Failing to update a plan after a marriage, a new child, or a significant change in assets is a common mistake that can have serious consequences. Our team is accustomed to helping families in our community address these specific issues.

Our Approach to Planning for Your Family

We know estate planning can feel overwhelming. Our compassionate team at Rainey & Rainey, PLLC, Attorneys at Law, is here to help you prepare for the future, beginning with a conversation about your family and goals. We focus exclusively on Elder Law, Estate Planning, Asset Protection and Probate, staying informed on the most current information in this area. Our attorneys typically use flat fees, giving you a clear understanding of the full cost once we know your needs.

A strong plan is not just about assets—it’s about protecting those you love. We invite you to contact our offices in Waco and Georgetown. You can reach us at (254) 752-8644 or (512) 598-9005.

5 Reasons Why You Should Consider a Family Trust 

Considering future generations and what you want your legacy to be for the family you leave behind is an essential part of estate planning. While a last will and testament is a first step, many people can benefit from a more comprehensive plan that involves other estate planning tools, such as trusts. A trust allows you to protect your assets and ensure that your beneficiaries get their inheritances according to your wishes. A family trust is a special kind of trust that designates family members as your beneficiaries and appoints a trustee to manage the assets. 

At Rainey & Rainey, PLLC, Attorneys at Law, we have helped countless clients create family trusts to preserve generational wealth and ensure their loved ones are cared for after passing. Here are five of the most significant benefits of using a family trust.

1. Your Assets Avoid Probate

When someone dies, their estate must go through probate. This involves filing the will with the appropriate county probate court and scheduling a hearing. At the probate hearing, the judge will determine if the will is valid and if the estate executor can fulfill those duties. Assuming the answer to both is yes, the executor must then inventory the estate to value all the assets. The estate will then be settled by paying off any outstanding debts before the remaining assets are distributed to the beneficiaries in accordance with the will. This is a lengthy process, meaning the beneficiaries may have to wait several months before they actually receive their inheritance. 

Trusts bypass this process because they don’t have to go through probate. The trustee can distribute any assets contained in a trust directly to the beneficiaries in accordance with the terms of the trust.

2. There May Be Some Tax Benefits

While Texas doesn’t have state-level estate taxes, your estate may still be subject to federal estate taxes. Depending on the value of your estate, these could be substantial. However, you can leverage a trust to avoid some of these taxes. To provide this benefit, the trust must be irrevocable, meaning that the terms and beneficiaries are almost impossible to change once the trust is established. Because ownership of the assets is transferred at the creation of an irrevocable trust, those assets are not part of the valuation of your estate for federal tax purposes when you pass.

If you’re interested in using a trust as a way to lower estate taxes, it’s crucial to work with an experienced attorney. Creating an irrevocable trust means you can’t change your mind later on, and there may be other strategies to use that provide more flexibility while still preserving as much of your estate as possible.

3. It Provides More Privacy

The probate process is part of the public record, and that may include a list of beneficiaries and an inventory of the assets. That means anyone who goes to the courthouse is able to get detailed information on your estate, including specific assets and their value. Many people choose trusts because of the privacy protection they offer. Because they aren’t part of the probate process, any assets contained in the trust won’t be subject to the public record. If protecting your beneficiaries’ privacy is important to you or you would prefer that your assets aren’t made public, establishing a family trust is one way to achieve these goals.

4. You Have Greater Flexibility in Determining How Your Assets Are Passed On

One of the main advantages of creating a trust is that it offers a high level of customizability for the distribution of assets to your beneficiaries. For example, you can set up a trust to pay out a specific sum per year as a kind of maintenance income, or you can set it to pay out at particular milestones, such as getting married or purchasing a home.

This can be especially helpful for family trusts when you’re dealing with multiple beneficiaries or when you want to ensure that future generations also get to benefit. Trusts are also particularly valuable for blended families, as they can ensure your spouse is cared for after your death while still guaranteeing that your children inherit from your estate. Finally, a trust can be an excellent option if you’re concerned that a beneficiary may be irresponsible with a lump sum of money and you want to have more control over how they receive their inheritance.

5. It Protects Your Assets

We’ve already talked about how certain types of trusts can reduce your estate tax burden, but trusts can also protect your assets in other ways. They aren’t considered part of your estate for settlement purposes, which means creditors can’t make any claims against assets that are held in the trust. A well-crafted trust can also protect your assets in the event of a divorce to ensure your legacy goes to your children and grandchildren instead of to an ex-spouse, for example. The best way to set up a family trust depends on your overall estate plan, what kind of assets you want to protect, and who you want to name as your beneficiaries. An attorney can work with you to take all of this information and create an estate plan, including a family trust, that works for your needs. 

At Rainey & Rainey, PLLC, Attorneys at Law, we understand that these conversations can be sensitive, but we also believe that planning for the future can provide peace of mind for you and your loved ones. If you have questions about estate planning or how to set up a family trust, call our office at (254) 457-5083 to get started.

What is a Spendthrift Trust?

A spendthrift trust offers structured disbursement of inheritance to beneficiaries via a trustee. The trust protects the inheritance for use by the beneficiary over an extended period and provides help for beneficiaries who may need help managing their finances.

This type of trust works by appointing a trustee and granting them power to make financial decisions. The trustee is responsible for managing the assets in the trust and distributing funds to the beneficiary as needed for support.

The Spendthrift Clause

The Spendthrift Clause is an essential aspect that protects the contents of the trust. The clause dictates that a beneficiary cannot satisfy debts of a beneficiary with the funds and assets in the trust. If the beneficiary has debts or a civil judgment against them, then the creditors cannot obtain or get to the assets within the trust.

When is a Spendthrift Provision Useful?

There are several circumstances in which a spendthrift provision may be useful, and they are not all based on mistrust of the beneficiary. A major proponent of this provision is that it protects the assets and funds from lawsuits and creditors. 

Other reasons for a spendthrift trust may include:

• Irresponsible behavior from the beneficiary: If one or more beneficiaries has poor money management skills, a substance abuse disorder, or a significant criminal history and will be inheriting substantial assets, a spendthrift trust will ensure that they have support from the grantor but are unable to squander the funds. 
• The beneficiary is a vulnerable person: If a beneficiary is easily manipulated or deceived by others, a spendthrift provision would ensure that the beneficiary is not able to obtain excess money at one time.
• The beneficiary is believed to be in an unhealthy marriage: Assets in a trust cannot be divided during a divorce. If a grantor believes that a beneficiary is in a marriage that will fail, then the grantor may protect the beneficiary by leaving the assets in the trust.
• The beneficiary is young: When potential beneficiaries are young, a spendthrift trust may be necessary to offer structured support.

Is Proof Needed That a Beneficiary is a Spendthrift?

A “spendthrift” is a word commonly used in the 1600s to refer to an individual who is extravagant and recklessly wasteful with money.

To create this type of trust, the grantor is not required to offer proof that the beneficiary is incapable or fails to handle money responsibly. A spendthrift trust can be made for anyone.

A beneficiary can even serve as the trustee of the trust. This designation may be given immediately if they are proven responsible adults or at a later time when they have reached a certain age or maturity to manage the trust themselves.

What are the Benefits of a Spendthrift Trust?

As discussed, there are several benefits to a spendthrift trust, including structured payouts to the beneficiary by the trustee. Additional benefits include:

• Protection from creditors: This trust’s primary advantage is its ability to shield the assets from the beneficiary’s creditors. This may be particularly useful if the beneficiary has an established history of money mismanagement or is at risk of legal claims against them.
• Preservation of assets: When assets are placed under the control of a trustee, the trust ensures that they are used wisely and align with the grantor’s wishes, preserving the trust property for future generations.
• Control over distributions: The trustee is granted authority to supply distributions based on the beneficiary’s needs and circumstances, allowing for a unique and individual-based approach to financial support. The funds may be allocated for education, healthcare, or other necessary expenses.
• Protection from poor financial decisions: When a beneficiary has poor money management skills or is prone to overspending, the trust will act as a safeguard that prevents them from prematurely depleting the trust’s funds.

What are the Disadvantages of a Spendthrift Trust?

While there are many benefits to a spendthrift trust, there are also potential disadvantages (could also be advantages)  that the grantor should consider. Those disadvantages include:

• Irrevocability: An established spendthrift trust is usually irrevocable, which means that the grantor cannot alter or dissolve the trust once it is filed. Careful planning and consideration must be used when creating the trust.
• Selection of the trustee: A reliable and capable trustee is key because this person will have substantial control over the disbursement and management of the assets. Appointing a professional trustee or corporate fiduciary may help ensure impartial and skilled administration of the trust.
• Legal Disputes: Spendthrift trusts are subject to legal scrutiny. Beneficiaries may challenge the trust for a larger or complete distribution of their portion of the assets. Creditors may also challenge the trust if they believe that it was created to defraud them.

Is a Spendthrift Trust Always Irrevocable?

When the trust is created, it can be revocable or irrevocable. An irrevocable trust cannot be changed, but a revocable trust may be dissolved or amended by the grantor at any time. The grantor may choose an irrevocable trust to offer greater protection to the beneficiary or a revocable trust for greater flexibility. Usually a revocable trust will become irrevocable upon the death of the grantor.

How is a Spendthrift Trust Created?

An attorney at Rainey & Rainey, Attorneys at Law, LP, will be able to help establish a trust that is tailored to the client based on their needs. The creation process involves:

• Appointing a trustee.
• Draft the trust agreement.
• Transfer assets into the trust.

Do You Need an Attorney?

If you are considering a spendthrift trust to protect your children or other beneficiaries, both you and them deserve a qualified attorney to offer you the protection and legal requirements necessary to uphold this trust. Call Rainey & Rainey, Attorneys at Law, LP, today at our Waco office at 252-457-5083 or our Georgetown office at 515-598-9005 or fill out a contact form to schedule your consultation.