Legal Question in Wills and Trusts in California

Spendthrift clauses have nothing to do with protecting the estate from creditors. The creditors have a right to the estate ahead of the heirs. A spendthrift provision prevents the HEIRS from getting the estate all at once so they don't blow it.

A spendthrift provision prevents the creditor's of a beneficiary or heir from getting at the assets of a trust or estate before it has been distributd to the heir. It will not protect her estate from any lawful creditor of hers.

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