Section 14.5-504 – Spendthrift Provisions
(a) A spendthrift provision is valid and enforceable. (b) A provision of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust”, or words of similar import, restrains both voluntary and involuntary transfer of the beneficiary’s interest. (c) A beneficial interest that is subject to a spendthrift provision may not be judicially […]
Section 14.5-505 – Spendthrift Provisions — Allowable Claims
(a) In this section, “child” includes any person for whom an order or a judgment for child support has been entered in this State or another state. (b) Subject to the provisions of § 14.5–502 of this subtitle, the interest of a beneficiary that is subject to either a spendthrift provision or a support provision or both […]
Section 14.5-506 – Mandatory Distribution Provisions Other Than Support Provision — Attachment
(a) To the extent that the interest of a beneficiary subject to a mandatory distribution provision, other than a support provision, does not contain a spendthrift provision, the court may authorize a creditor or an assignee of the beneficiary to attach present or future mandatory distributions to or for the benefit of the beneficiary, or to […]
Section 14.5-507 – Power of Appointment
(a) (1) A power of appointment held by a person other than the settlor of the trust is not a property interest. (2) A power of appointment described in paragraph (1) of this subsection and property subject to that power of appointment may not be judicially foreclosed or attached by a creditor of the holder of the power. […]
Section 14.5-508 – Trust Property Subject to Claims of Creditors or Assigns
(a) The following rules apply, whether or not the terms of a trust contain a spendthrift provision: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of the creditors of the settlor; (2) With respect to an irrevocable trust, a creditor or an assignee of the settlor may reach only […]
Section 14.5-509 – Trust Property Not Subject to Obligations of Trustee
Trust property is not subject to personal obligations of the trustee of the trust, even if the trustee becomes insolvent or bankrupt.
Section 14.5-510 – Attaching, Exercising, Reaching, or Otherwise Compelling Distribution of Beneficial Interest Prohibited; Exceptions
(a) A creditor may not attach, exercise, reach, or otherwise compel distribution of the beneficial interest of a beneficiary that is a trustee or the sole trustee of the trust, but that is not a settlor of the trust, except to the extent that the interest would be subject to the claim of the creditor were […]
Section 14.5-511 – Immunity of Marital Trust Property From Claims of Separate Creditors of Husband or Wife
(a) In this section, “proceeds” means: (1) Property acquired by the trustee on the sale, lease, license, exchange, or other disposition of property originally conveyed by a husband and wife to a trustee or trustees; (2) Property collected by the trustee on, or distributed on account of, property originally conveyed by a husband and wife to a trustee […]
Section 14.5-501 – Creditor’s Claims
(a) A court may authorize a creditor or an assignee of a beneficiary to reach the interest of the beneficiary by attachment of present or future distributions to or for the benefit of the beneficiary or by other means if that interest is not subject to a discretionary distribution provision, a support provision, or a spendthrift […]
Section 14.5-502 – Discretionary Distribution Provision
(a) (1) A beneficiary of a discretionary distribution provision has no property right in a trust interest that is subject to a discretionary distribution provision. (2) A beneficial interest that is subject to a discretionary distribution provision may not be judicially foreclosed, attached by a creditor, or transferred by the beneficiary. (b) (1) The creditor of the beneficiary of a […]