§ 15-5-505 — Creditor's claim against a settlor

Colorado § 15-5-505

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Colorado Uniform Trust Code

Text

(1) 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, the property of a trust that was revocable at
the settlor's death is subject to claims and allowances as provided in section 15-15-103.

(1.5) (a) For the purposes of subsection (1)(b) of this section, none of the
following shall be considered an amount that can be distributed to or for the benefit
of the settlor:

(I) Trust property that could be, but has not yet been, distributed to or for the
benefit of the settlor only as a result of the exercise of a power of appointment held
in a nonfiduciary capacity by any person other than the settlor;

(II) Trust property that could be, but has not yet been, distributed to or for
the benefit of the settlor of a trust pursuant to the power of the trustee to make
distributions or pursuant to the power of another in a fiduciary capacity to direct
distributions, if and to the extent that the distributions could be made from trust
property the value of which was included in the gross estate of the settlor's spouse
for federal estate tax purposes under section 2041 or section 2044 of the Internal
Revenue Code of 1986, as amended, or that was treated as a transfer by the
settlor's spouse under section 2514 or section 2519 of the Internal Revenue Code
of 1986, as amended; and

(III) Trust property that, pursuant to the exercise of a discretionary power by
a person other than the settlor, could be paid to a taxing authority or to reimburse
the settlor for any income tax on trust income or principal that is payable by the
settlor under the law imposing the tax.

(b) Subsection (1)(b) of this section does not apply to an irrevocable special
needs trust established for a disabled person as described in 42 U.S.C. sec. 1396p
(d)(4) or similar federal law governing the transfer to such a trust.

(2) (Reserved)

Legislative History

Source: L. 2021: Entire part added, (SB 21-162), ch. 170, p. 942, � 1, effective September 7.