Protecting Inheritances For and From Your Heirs

A Modern Estate Planning Guide from The Lansky Law Firm

At The Lansky Law Firm, we work with families every day who share a growing and understandable concern: How do we ensure the inheritance we leave behind truly benefits our children and isn’t lost to the financial and personal risks that are more common today than ever before?

Parents often voice worries about unstable job markets, rising household debt, high living expenses, and the financial consequences if a child becomes unable to meet their obligations. We also frequently hear concerns about a child’s marriage—particularly when there are signs of strain or financial imbalance. And even when children are responsible adults, many parents still question whether they have the long-term discipline to manage an inheritance wisely.

These concerns are valid. That’s why The Lansky Law Firm focuses on estate plans that go beyond simply transferring assets. Modern planning offers tools that protect what you leave behind, shielding it from outside threats and from your child’s own financial vulnerabilities. Trust-based planning is one of the most effective ways to achieve long-term security and peace of mind.

Below are some of the most valuable options The Lansky Law Firm helps families implement.

Discretionary Trusts

A discretionary trust gives the trustee full control over whether, when, and how trust assets are distributed. Because beneficiaries cannot demand distributions, this type of trust provides robust protection.

Families who partner with The Lansky Law Firm often choose discretionary trusts to prevent:

• Loss of assets due to a child’s divorce

• Exposure to creditor claims or lawsuits

• Irresponsible or impulsive financial behavior

• Undue pressure from a spouse, partner, or outside influence

Although the person creating the trust (the settlor) may offer guidance, the trustee ultimately decides what is appropriate. As long as assets remain in the trust, they are typically shielded from most creditors.

Support Trusts

Support trusts allow the trustee to make distributions only for defined needs—commonly HEMS: health, education, maintenance, and support. These trusts offer both structure and protection, ensuring the beneficiary’s well-being without providing unrestricted access.

The Lansky Law Firm often recommends support trusts when families want a balance between:

• Protection from third-party claims

• Assurance that essential needs are met

• Accountability for how and when funds are used

Only certain “super creditors,” such as child support, alimony, or tax liens, may reach these assets. Even so, support trusts remain a powerful way to safeguard inheritances.

Spendthrift Trusts

Spendthrift trusts are one of the strongest tools for protecting an inheritance from both voluntary and involuntary transfer. They ensure that a beneficiary:

• Cannot pledge trust assets as collateral

• Cannot sell or transfer their interest

• Is protected from most creditor attempts to reach trust assets

The Lansky Law Firm often incorporates spendthrift protections when parents are concerned about:

• Impulsive or risky spending habits

• Addiction or mental health challenges

• Unstable or manipulative relationships

• Business-related liability exposure

While certain “super creditor” claims may still apply, spendthrift trusts offer exceptional protection in nearly all other scenarios.

Today’s Inheritance Risks Look Different — Your Planning Should Too

Families served by The Lansky Law Firm face risks that have changed significantly since 2020. Modern inheritance threats include:

• Higher personal and household debt

• Increased divorce rates among younger adults

• The complexity of blended families

• Greater exposure to lawsuits or creditor claims

• Adult children needing ongoing financial support

• Growth of online financial accounts and digital assets

• Unpredictable employment and economic conditions

Because of these heightened risks, more parents are choosing to leave inheritances in trust rather than outright. Trusts allow you to maintain control over:

• How assets are used

• Who manages them

• When distributions occur

• How long protective measures remain in place

At The Lansky Law Firm, we help families design trust structures that offer long-term protection, flexibility, and clarity ensuring your legacy truly supports the next generation.

Peace of Mind through Preparation 

If you want the security of knowing your legal documents are complete and your family is protected this holiday season, The Lansky Law Firm is here to help.

Visit Us: 6800 Poplar Ave #225, Memphis, TN 38138

Call Us: (901) 767-7006

Learn More: www.lanskylawfirm.com

Take the time to safeguard your family’s future today and travel with peace of mind.