LD 921
pg. 20
Page 19 of 58 PUBLIC Law Chapter 618 Page 21 of 58
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LR 466
Item 1

 
1.__Creditor's claims.__Whether or not the terms of a trust
contain a spendthrift provision, the following rules apply.

 
A.__During the lifetime of the settlor, the property of a
revocable trust is subject to claims of the settlor's
creditors.

 
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.

 
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.

 
2.__Holder of power.__For purposes of this section:

 
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

 
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.

 
§506.__Overdue distribution

 
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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