A Modern Approach from Duncan Legal, PC
At Duncan Legal, PC, we work with families every day who share the same concern: How can we make sure the inheritance we leave behind truly helps our children and isn’t lost to risks that are far more common today than they were even a decade ago?
Parents worry about job instability, rising personal debt, increasing living expenses, and the financial fallout if a child cannot meet their obligations. Many also worry about their child’s marriage, especially when there are signs of financial imbalance or strain. And in many cases, parents simply question whether their children—regardless of age—are prepared to responsibly manage an inheritance.
These concerns are real, and they are growing. That is why Duncan Legal, PC helps families use modern estate planning tools that protect inheritances from outside threats and from a child’s own potential missteps. These tools—especially trusts—can also help avoid probate, ensuring a smoother and more private transition of assets.
Below are some of the most effective trust-based strategies Duncan Legal, PC uses to help families safeguard their legacy.
Discretionary Trusts
A discretionary trust gives the trustee full authority to decide when and how trust assets are distributed. Because beneficiaries cannot demand distributions, this type of trust provides strong protection against many modern threats.
Families who work with Duncan Legal, PC often use discretionary trusts to prevent:
- Loss of assets during a beneficiary’s divorce
- Exposure to creditors or lawsuits
- Poor financial decision-making
- Influence or pressure from a spouse, partner, or outside party
While the person creating the trust (the settlor) may provide guidance, the trustee ultimately decides whether distributions are appropriate. As long as assets remain inside the trust, they are generally protected from most creditors—a key reason these trusts are widely used today.
Support Trusts
A support trust requires the trustee to make distributions only for specific, defined purposes commonly referred to as HEMS: health, education, maintenance, and support.
Duncan Legal, PC frequently recommends support trusts when families want to provide meaningful support while ensuring that assets remain protected.
Although certain “super creditors,” such as child support or federal tax liens, may still reach these assets, support trusts continue to offer strong protection while ensuring a beneficiary’s essential needs are met.
Spendthrift Trusts
Spendthrift trusts remain one of the most effective tools for protecting inheritances from both voluntary and involuntary transfer. Duncan Legal, PC uses these trusts often because they safeguard assets from poor financial decisions, risky relationships, and external threats.
A spendthrift trust ensures that a beneficiary:
- Cannot pledge trust assets as collateral
- Cannot sell or give away their interest
- Is protected from most creditors attempting to reach the assets
This structure is especially valuable for families who are concerned about impulsive spending, addiction issues, business liabilities, unstable relationships, or the risk of financial manipulation. While not immune to certain “super creditor” claims, spendthrift trusts offer robust protection in most situations.
Today’s Inheritance Risks Look Different — Your Planning Should Too
Since 2020, Duncan Legal, PC has seen inheritance risks change significantly. Today’s families face:
- Higher household debt
- Increased divorce rates
- Blended family dynamics
- Greater exposure to lawsuits or creditor issues
- Adult children who rely more heavily on financial assistance
- Digital assets that require new forms of protection
- Employment markets that shift rapidly
These challenges are real—and they’re one of the reasons more parents are choosing to leave inheritances in trust rather than outright.
Leaving assets in trust allows you to define:
- How the assets may be used
- Who controls distributions
- When access is appropriate
- How protection continues long after you’re gone
At Duncan Legal, PC, we help families create trust structures that offer long-term security, flexibility, and peace of mind. With the right approach, you can ensure your inheritance does what you intended: support your children, protect them, and preserve your legacy.
Plan Ahead With Duncan Legal, PC
If you want to protect your children’s inheritance from creditors, divorce, outside influence, or their own financial challenges, Duncan Legal, PC is here to help you design a plan that provides lasting protection.
Visit Us: 6436 S Racine Cir, Ste 227, Centennial, CO 80111
Call Us: (720) 506-2536
Learn More: www.duncanlegal.com
Take the time now to protect your family’s peace of mind, so you can move forward with confidence and comfort.
