Tennessee § 35-15-509 Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited - Certain reaches prohibited

Tennessee Statutes

§ 35-15-509 — Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited - Certain reaches prohibited

Tennessee § 35-15-509

Title35

This text of Tennessee § 35-15-509 (Judicial foreclosure of beneficial interests, powers of appointment, and reserved powers prohibited - Certain reaches prohibited) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 35-15-509 (2026).

Text

Regardless of whether or not a trust contains a spendthrift provision:

(1)No beneficial interest, power of appointment, or reserved power in a trust shall be judicially foreclosed;

(2)No creditor or assignee shall reach a power of appointment or a remainder interest at the trust level and such creditor or assignee shall wait until any funds are distributed relative to such power of appointment or remainder interest before such creditor or assignee may reach such funds;

(3)No creditor or assignee shall reach property transferred pursuant to a power of appointment exercised by a decedent unless the power of appointment was actually exercised in favor of the decedent or the decedent's estate; and (4) No power of appointment is a property interest.

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Regardless of whether or not a trust contains a spendthrift provision: (1) No beneficial interest, power of appointment, or reserved power in a trust shall be judicially foreclosed; (2) No creditor or assignee shall reach a power of appointment or a remainder interest at the trust level and such creditor or assignee shall wait until any funds are distributed relative to such power of appointment or remainder interest before such creditor or assignee may reach such funds; (3) No creditor or assignee shall reach property transferred pursuant to a power of appointment exercised by a decedent unless the power of appointment was actually exercised in favor of the decedent or the decedent's estate; and (4) No power of appointment is a property interest.