Estate Planning and Legacy Law Center, PLC

An Incentive Trusts Can Presents Problems

The limitations of incentive trusts should be considered carefully as people attempt to encourage their heirs to succeed.

There is often considerable concern about leaving large sums of money to heirs and people will often set up plans intended to help the recipient achieve success. Rather than risking the heir just living off the money people want to see their heirs go to good schools, get into professions and have families.

One popular response to this is to create incentive trusts. In these trusts beneficiaries receive distributions when they behave in a certain way or accomplish something, such as getting a college degree or getting a job.

While these trusts do often work well, as Investopedia points out in "Incentive Trust Pitfalls Advisors Should Know," there are two potential ways these trusts can become unworkable:

Work closely with an estate planning attorney to create a trust that helps an heir achieve goals yet remains flexible.