Legal Question in Civil Litigation in Arizona

Rules of Spendthrift Trusts

I have a judgement against a defendant for the amount of $2600.00 plus. The defendant is a beneficiary of a spendthrift trust set up by his mother. According to the state statutes, if a payment is due the beneficiary, a creditor can make a claim against such payment. My question is, if a payment is due and the trustee decides not to make the transfer to the beneficiary, can a claim still be made against the funds that are due the beneficiary?


Asked on 2/07/03, 5:54 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Rules of Spendthrift Trusts

If disbursements are discretionary with the trustee, the answer is no. If they are mandatory and the beneficiary is entitled to them whether or not the trustee makes a disbursement, then yes.

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Answered on 2/08/03, 10:58 am


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