Legal Question in Wills and Trusts in Texas
Spendthrift clause - meaning of ''transfer''
A man leaves a trust in his will granting a life estate to his wife. The term. clause states ''Upon the death of my wife, this trust shall terminate and the trust coprpus shall be distributed to my son & dtr, share and share alike.'' The Spendthrift Clause states ''No ben. of the tust shall have the right or power to anticipate by assignment or otherwise any income or princial given to such ben. of this Trust Agrmt, nor in advance of actually receiving same, have the right or power to sell, TRANSFER, encumber or in ANYWISE charge same; nor shall such income or principal or any portion of same be subject to any execution, garnishment, etc. or in any event be applicable or subject, voluntary or involuntarily, to the pymt of such Ben's debts.'' The son predeceases his mother by almost 17 years and there is no other survivorship language throughout the will/trust. Would the word ''transfer'' in the ST clause apply to the son's will? Is the assumption that the son could not receive the $ from the trust before the mom died (per the term. clause) and before he received it, he couldn't (among other things) transfer it (per the ST clause) mean that he could not leave his interest he had in the trust to his wife thru his will?
1 Answer from Attorneys
Re: Spendthrift clause - meaning of ''transfer''
It depends on whether the document anticipated this distribution to be per stirpes or per capita. It would be best to have an attorney review the trust.