Attorney
An inheritance can provide support through many stages of a loved one’s life. The best arrangement depends on the beneficiary’s age, experience, needs, and circumstances. If continuing management would help, a trust can balance practical safeguards with flexibility and respect for the beneficiary.
Your estate planning choices can include a trust with appropriate distribution standards and a spendthrift provision. These provisions serve different purposes and should be designed together.
The distribution terms determine how and when the trustee may or must provide funds. A spendthrift provision separately limits transfers of the beneficiary’s interest and many creditor claims before distribution, subject to statutory exceptions. Choose lawful, workable terms that allow the trustee to respond to changing circumstances and appropriate beneficiary participation.
Trust terms can pace distributions or allow a trustee to respond to a beneficiary’s needs. A valid spendthrift provision generally prevents a beneficiary from transferring the protected interest and prevents most creditors from reaching it before distribution. Protection has limits: Florida law recognizes specified exceptions, overdue mandatory distributions can be reached, and money already distributed generally loses the trust’s protection. The trust’s terms and administration matter; simply placing assets in a trust is not enough.
Estate Planning Attorney
If you would like to leave an inheritance while giving a loved one continuing support, we can discuss a trust that balances flexibility, safeguards and the beneficiary’s dignity. Contact my office to explore your options.
Sources: Florida Statutes § 736.0502; Florida Statutes § 736.0503; Florida Statutes § 736.0506.
Updated October 26, 2026.