| | 1.__Creditor's claims.__Whether or not the terms of a trust | contain a spendthrift provision, the following rules apply. |
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| A.__During the lifetime of the settlor, the property of a | revocable trust is subject to claims of the settlor's | creditors. |
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| B.__With respect to an irrevocable trust, a creditor or | assignee of the settlor may reach the maximum amount that | can be distributed to or for the settlor's benefit.__If a | trust has more than one settlor, the amount the creditor or | assignee of a particular settlor may reach may not exceed | the settlor's interest in the portion of the trust | attributable to that settlor's contribution. |
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| C.__After the death of a settlor, and subject to the | settlor's right to direct the source from which liabilities | will be paid, the property of a trust that was revocable at | the settlor's death is subject to claims of the settlor's | creditors, costs of administration of the settlor's estate, | the expenses of the settlor's funeral and disposal of | remains, and statutory allowances to a surviving spouse and | children to the extent the settlor's probate estate is | inadequate to satisfy those claims, costs, expenses and | allowances. |
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| | 2.__Holder of power.__For purposes of this section: |
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| A.__During the period the power may be exercised, the holder | of a power of withdrawal is treated in the same manner as | the settlor of a revocable trust to the extent of the | property subject to the power; and |
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| B.__Upon the lapse, release or waiver of the power, the | holder is treated as the settlor of the trust only to the | extent the value of the property affected by the lapse, | release, or waiver exceeds the greater of the amount | specified in the federal Internal Revenue Code of 1986, | Section 2041(b)(2) or 2514(e) or the federal Internal | Revenue Code of 1986, Section 2503(b), in each case as in | effect on July 1, 2005, or as later amended. |
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| §506.__Overdue distribution |
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| | Whether or not a trust contains a spendthrift provision, a | creditor or assignee of a beneficiary may reach a mandatory | distribution of income or principal, including a distribution | upon termination of the trust, if the trustee has not made the | distribution to the beneficiary within a reasonable time after | the designated distribution date. |
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