Can I spend money that is in a trust that I have set up for heirs

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Can I spend money that is in a trust that I have set up for heirs

If I set up trusts for heirs, can I spend money while I am alive?

Asked on May 2, 2017 under Estate Planning, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It depends. What do the terms of the Trust allow? If it permits wirhrawals by you, then spending the pricipal is perfectly permissable. If on the other hand, it does not then, the quite simple you can't spend this money. Additionally, even of you have the right to ths money, spending it may have certain financial consequences, so you should first consult with an attorney.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The money in the trust can only be spent in accordance with the rules of the trust: i.e. the directions or instructions in the documents setting up the trust. If the trust permits you to spend the money, you can, but before doing so, speak at some length with an estate planning attorney: if you can spend the money in the trust, that may affect the tax consequences, whether the trust is considered irrevocable, the ability of your creditors to reach it, etc.


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