P.R. Laws tit. 32, § 3353j

2019-02-20 00:00:00+00
§ 3353j. Rights of creditors

Creditors shall have the following rights with regards to the trust’s property, subject matter, or principal:

(a) Except as expressly provided in subsections (b) and (c) of this section, a creditor of the beneficiary of a trust shall have over or with regards to such beneficiary’s interest or the property under said trust those rights that have been expressly granted thereto by the terms of the instrument that creates or defines the trust or by the laws of Puerto Rico.

The provisions of this subsection shall take effect and in no way be limited by the nature or extent of the beneficiary’s interest, whether or not such interest is subject to the discretion of one or more trustees, and even if the beneficiary has taken or is about to take any action.

(b) Any interest in a trust, in trust property, or in income of any of these that is not subject to the rights of a beneficiary’s creditors pursuant to this section shall be exempt from foreclosure, attachment, eviction, auction, and any other remedy or legal proceedings filed by or on behalf of any creditor, including, without any limitation, legal actions or claims against one or more trustees or other beneficiaries seeking a remedy that directly or indirectly affect the beneficiary’s interest, such as, for example and without limitation, an order issued at the request of a creditor or the court itself that could:

(1) Compel the trustee or a beneficiary to notify a creditor about any distribution made or to be made.

(2) Compel the trustee or beneficiary to make a distribution despite the fact that such distributions may or may not be subject to the trustee’s discretion; or

(3) Forbid the trustee or beneficiary from making a distribution despite the fact that such distributions may or may not be subject to the trustee’s discretion.

Except as provided in this chapter or the terms of the trust, no trustee shall be liable to any beneficiary’s creditor for payments, expenses, debts or obligations of such beneficiary.

History —Aug. 31, 2012, No. 219, § 44.