Texas Spendthrift Trust

Texas Spendthrift Trust

What is a Texas spendthrift trust?

A Texas spendthrift trust is authorized by the Texas Property Code. It is set up by the “grantor.” The trust will name one or more “beneficiaries” of the trust property. The beneficiaries will receive the trust property at a given time, i.e. reaching the age of 35. Sometimes, a trust will exist for a beneficiary’s life with the property going to his children when he dies. A trust is administered by a trustee who may also be one of the beneficiaries. However, if at any time the trustee and the beneficiary are they same person, the trust ends.

Such trust usually make a payment for the “health, support, maintenance and education” of the beneficiary to take care of the beneficiary’s needs during the existence of the trust.

Protection from creditors

A Texas spendthrift trust  is a trust set up to protect the beneficiary from his creditors. For instance, there is a child that does not manage his property correctly, so he is always being sought by his creditors to pay his bills. His parents want to leave him property but are afraid that his creditors will get the property because of the mismanagement of the child.

A Texas spendthrift trust is the answer. In its most basic form, a Texas spendthrift trust provides for the child but is not available to the child’s creditors. A creditor can sue the child but cannot get to the assets of the trust.

A person cannot set up a Texas spendthrift for themselves. However, some states do allow a person to create a spendthrift trust for themselves.

Learn how to Make a Trustee Reveal the Trust Assets and his Actions.

What is a fiduciary in Texas

Basically, a fiduciary is someone on whom the law imposes the highest duty to act on behalf of another like an executor, administrator or trustee.

Fiduciary relationships can be formal such as partners, agents, executors, administrators, trustees, a holder of a power of attorney, etc.

Fiduciary relationships can also be imposed by law because of the relationship of the parties such as domanance by one and weakness by another, where one has gained the trust of another to handle their affairs, etc. In a 2018 case, the Court of Appeals held that a funeral home had a special relationship (fiduciary relationship) with the family concerning the handling of a body. In the case, the funeral home picked up, transported and displayed to the family the wrong body. 08-17-00151-CV.

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Robert Ray is the Editor and owner of this site. Board Certified, Personal Injury Trial Law — Texas Board of Legal Specialization.

We handle cases throughout Texas. Our principal office is in Lantana, Texas (DFW area).

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