| | | 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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