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Home » US Law » 2021 Kansas Statutes » Chapter 58a - Kansas Uniform Trust Code » Article 5 - Creditor's Claims; Spendthrift And Discretionary Trusts

58a-501 Rights of beneficiary’s creditor or assignee.

58a-501. Rights of beneficiary’s creditor or assignee. 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 other means. The […]

58a-502 Spendthrift provision.

58a-502. Spendthrift provision. (a) A spendthrift provision is valid. (b) A term of a trust providing that the interest of a beneficiary is held subject to a “spendthrift trust,” or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary’s interest. (c) A beneficiary may not transfer an interest […]

58a-505 Creditor’s claim against settlor.

58a-505. Creditor’s claim against settlor. (a) Except as provided by K.S.A. 33-101 et seq. and 33-201 et seq., and amendments thereto, whether or not the terms of a trust contain a spendthrift provision, the following rules apply: (1) During the lifetime of the settlor, the property of a revocable trust is subject to claims of […]

58a-506 Mandatory distribution.

58a-506. Mandatory distribution. (a) As used 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 excludes a distribution subject to the exercise of the trustee’s discretion […]

58a-507 Personal obligations of trustee.

58a-507. Personal obligations of trustee. Trust property is not subject to personal obligations of the trustee, even if the trustee becomes insolvent or bankrupt. History: L. 2002, ch. 133, § 44; Jan. 1, 2003.