Spendthrift trust for my son living in MA

A spendthrift trust can, in certain situations, be a highly useful tool for protecting the interests of those with money management issues. However, there are limits to the protection a spendthrift trust can provide. One important limitation is that, once the money from the spendthrift trust is in the control of the beneficiary (your son), his creditors can go after that money to satisfy your son's debts.

You should certainly talk to a MA estate planning attorney about this issue. She will likely tell you that the way to avoid the limitation described above is to include language in the spendthrift trust that severely cramps your son's ability to access the funds. For example, the trust could contain “support trust" language that requires the trustee to make distributions from the trust only as necessary for the education or support of the beneficiary. The trust may also instruct the trustee to make those payments directly to the provider of services or goods. In other words, by keeping the money out of the beneficiary's hands and eliminating discretion on the part of the trustee, you limit creditor access to the money. Hope that helps.