Information / Education

Protecting Inheritances With Trustees And Legal Safeguards

  • February 2026
  • By Anné Desormier-Cartwright, JD, Esq

Even with a thoughtful distribution plan, inheritances can still be at risk without proper protection. That is why many parents choose to include trusts and oversight mechanisms in their estate plans to safeguard their children’s future.

      If a child struggles with budgeting or has a history of financial instability, appointing a trustee to manage their inheritance can prevent rapid or irresponsible spending. The trustee can distribute funds gradually or only for certain approved purposes, helping ensure the inheritance lasts.

      Trusts can also offer protection from outside threats, such as lawsuits or creditor claims. In many cases, assets held inside a properly structured trust are not considered available to creditors, helping preserve the inheritance for the child’s benefit.

      Divorce is another concern. Without planning, an inheritance could become entangled in a divorce settlement, especially if marital funds are mixed with inherited assets. A trust can help keep the inheritance legally separate and better protected.

      For children with disabilities or long-term care needs, a special needs trust is essential. Giving assets directly could disqualify them from important government support programs. A properly drafted trust allows them to receive financial assistance while still maintaining access to benefits.

      Using a trust is not about control—it is about protection, structure, and long-term security. It allows you to support your children while shielding them from risks they may not anticipate.

      Next month, we will conclude this series by exploring lifetime gifting and legacy planning beyond your children, including grandchildren and charitable giving.

      Questions about your estate plan? Call our office at (561) 694-7827 and schedule a consultation. Elder & Estate Planning Attorneys PA, 480 Maplewood Drive, Suite 3, Jupiter, Fla.

      The content of this article is general and should not be relied upon without reviewing your specific circumstances by competent legal counsel. Reliance on the information herein is at your own risk, as it expresses no opinion by the firm on your legal needs. An attorney client relationship is not created through the information provided.