Spendthrift Clause
A trust provision stopping a beneficiary from selling their interest and stopping creditors from seizing it.
What Spendthrift Clause means in an estate
A spendthrift clause bars a beneficiary from assigning away future distributions and bars most creditors from reaching trust assets until the trustee actually hands them over. It is standard in trusts left to someone who is young, is not careful with money, or has creditor exposure. The protection is not absolute: the exceptions (commonly child support and certain government claims) and the treatment of a trust someone set up for their own benefit vary by state.
How this works in your state
The concept is national, but the forms, procedure names, thresholds, and filing practice vary by state. Open your state glossary and guides to see how spendthrift clause is handled where the estate is being settled.
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Information current as of April 4, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.