Duncan Bennett, a single parent, wants to leave his entire estate to his only child, Bonnie. He

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Duncan Bennett, a single parent, wants to leave his entire estate to his only child, Bonnie. He knows Bonnie is extravagant and often spends her money foolishly; therefore, he establishes a trust with a spendthrift provision "to protect Bonnie from her own mismanagement and wasteful habits in spending money." The trust also provides that Bonnie cannot transfer, pledge, or assign her interest in the trust in- come or principal in any manner and that such interest is not to be subject to any of Bonnie's creditors' claims by attachment, garnishment, execution, or other process of law. Answer the following:
a. Are spendthrift trusts valid in all states?
b. Would this trust be valid in your state? If so, cite the statute.
c. If one of Bonnie's creditors supplies her with property items that are obviously "necessaries," can that creditor reach (obtain) Bonnie's trust income despite the spendthrift clause?
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Federal Taxation 2016 Comprehensive

ISBN: 9780134104379

29th Edition

Authors: Thomas R. Pope, Timothy J. Rupert, Kenneth E. Anderson

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