Legal Question in Wills and Trusts in California
Can a settlor set up a trust provision that is discretionary as to the income they receive? I know they cannot set up a spendthrift provision in relation to themselves.
Asked on 6/25/10, 5:18 pm
1 Answer from Attorneys
You are wrong. An irrevokable trust can have a spendthrift provision as to the settlor even if they remain a beneficiary, and even if they are trustee. It is enforceable by any remainderman.
Answered on 6/25/10, 10:51 pm