Title 59 — Trusts

To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or oth…

1. A spendthrift provision is valid if it restrains either the voluntary or involuntary transfer or both the voluntary and involuntary transfer of a beneficiary's interest. 2. A term of a trust providing that the interest of a beneficiary is held subject to a spendthrift trust, o…

1. In this section, "child" includes any person for whom an order or judgment for child support has been entered by a court of competent jurisdiction. 2. A spendthrift provision is unenforceable against: a. A beneficiary's child, spouse, or former spouse who has a judgment or cou…

1. In this section, "child" includes any person for whom an order or judgment for child support has been entered by a court of competent jurisdiction. 2. Except as otherwise provided in subsection 3, whether or not a trust contains a spendthrift provision, a creditor of a benefic…

1. The following rules apply whether or not the terms of a trust contain a spendthrift provision. During the lifetime of the settlor, the property of a revocable trust is subject to claims of the settlor's creditors to the extent that the property would be subject to creditors' c…

1. In this section, "mandatory distribution" means a distribution of income or principal which the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust. The term does not include a distribution subject t…

Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt.