North Dakota Statutes
§ 59-13-06 — (506) Overdue distribution
North Dakota·Title 59 Trusts, Uses, and Powers·Ch. 59-13 Creditor's Claims - Spendthrift and Discretionary Trusts
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 to the exercise of the trustee's discretion even if:
a.The discretion is expressed in the form of a standard of distribution; or
b.The terms of the trust authorizing a distribution couple language of discretion with
language of direction.
2.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 w
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Nearby Sections
15
§ 59-04.2-01
(102) Definitions§ 59-04.2-02
(103) Fiduciary duties - General principles§ 59-04.2-03
(104) Trustee's power to adjust§ 59-04.2-03.1
Judicial control of discretionary power§ 59-04.2-06
(301) When right to income begins and ends§ 59-04.2-07
(302) Apportionment of receipts and disbursements when decedent dies or income interest begins§ 59-04.2-08
(303) Apportionment when income interest ends§ 59-04.2-09
(401) Character of receipts§ 59-04.2-10
(402) Distribution from trust or estate§ 59-04.2-12
(404) Principal receipts§ 59-04.2-13
(405) Rental property§ 59-04.2-14
(406) Obligation to pay money