HBH Attorneys On the Move!

Spendthrift Trusts, Limited Protection for Deadbeat Beneficiaries. - California law has long recognized a settlor’s right to restrict a beneficiary’s use of trust assets. Restraints on alienation, spendthrift clauses, shutdown clauses and wholly discretionary trusts are a few of the tools settlors may use when creating a trust for the benefit of someone likely to have creditor problems.

Clients frequently demand “bulletproof” trusts from their estate planning attorneys.

Icicles on the Heart:
 The Effect of Advising a Client/Trustee with Uncertain Capabilities and Toward a Fiduciary Standard of Capacity