New Hampshire § 564-B:5-501 Creditor's Claim Against a Beneficiary

New Hampshire Statutes

§ 564-B:5-501 — Creditor's Claim Against a Beneficiary

New Hampshire·Title LVI PROBATE COURTS AND DECEDENTS' ESTATES·Ch. 564-B NEW HAMPSHIRE TRUST CODE·Subdivision ARTICLE 5CREDITOR'S CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS

(a)To the extent that a beneficiary's interest in a trust 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:

(1)Attachment of present or future distributions to or for the benefit of the beneficiary; or

(2)Subject to RSA 564-B:5-504, any other means.

(b)The court may limit the relief under subsection (a) as is appropriate under the circumstances.

(c)Subject to RSA 564-B:5-504(b) and (c), a creditor or assignee of a beneficiary may not compel the beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the terms of the trust, including any of the following:

(1)Any power of appointment;

(2)Any power to direct or veto a distribut

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(a) To the extent that a beneficiary's interest in a trust 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:
(1) Attachment of present or future distributions to or for the benefit of the beneficiary; or
(2) Subject to RSA 564-B:5-504, any other means.
(b) The court may limit the relief under subsection (a) as is appropriate under the circumstances.
(c) Subject to RSA 564-B:5-504(b) and (c), a creditor or assignee of a beneficiary may not compel the beneficiary to exercise any right or power that, in any fiduciary or nonfiduciary capacity, the beneficiary has under the terms of the trust, including any of the following:
(1) Any power of appointment;
(2) Any power to direct or veto a distribution;
(3) Any power to appoint or remove a trustee, trust advisor, or trust protector; or
(4) Any right to receive reports, notices, or other information concerning the trust and its administration.

New Hampshire § 564-B:5-501 (Creditor's Claim Against a Beneficiary) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.