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Protecting an Heir With Personal Problems

December 5, 2014 //  by Jeffrey A. Nirenstein, Estate Planning Attorney

Estate planning is not a generic cookie cutter endeavor because not everyone is a perfect person. There are those who tend to experience complications throughout their lives and you may have such an individual in your family.

Leaving behind a large inheritance to someone who tends to run into more than his or her share of personal problems can be disconcerting.

Individuals such as these probably need the financial underpinning that an inheritance will provide more than family members that you have who have proven themselves to be responsible and self-sufficient. On the other hand, they may not handle the resources well and find themselves with nothing to fall back on at some point in time.

This is a matter to discuss frankly with a good local Hartford estate planning lawyer should you be in such a position. You could choose to fund a trust for the benefit of an individual with personal or ongoing financial problems that is constructed in such a manner as to protect the assets while providing distributions to the beneficiary as you see fit.

A spendthrift trust is one of these options. The beneficiary can benefit in accordance with the trust agreement but he or she has no access to the principal and creditors and claimants cannot go after the resources that you placed into the trust.

Incentive trusts can also be created. With these trusts you include stipulations that must be met before distributions from the trust take place.

There are solutions to most challenging situations that may enter the picture when you are crafting your legacy. With the assistance of a qualified estate planning professional you can provide for your loved ones in the specific manner that is right for each of them.

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Jeffrey A. Nirenstein, Estate Planning Attorney
Jeffrey A. Nirenstein, Estate Planning Attorney
Estate Planning Attorney at Nirenstein, Horowitz & Associates, P.C.
Jeffrey A. Nirenstein is a founding partner and vice president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his bachelor of arts degree in government from Clark University and his law degree from New York Law School.

Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
Jeffrey A. Nirenstein, Estate Planning Attorney
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Category: GeneralTag: trusts, Estate Planning, Asset Protection

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