Current through the 2023 Regular Session
Section 72-38-506 - Overdue distribution(1)(a) In this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution upon termination of the trust.(b) The term does not include a distribution subject to the exercise of the trustee's discretion even if:(i) the discretion is expressed in the form of a standard of distribution; or(ii) 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 within a reasonable time after the designated distribution date.Added by Laws 2013, Ch. 264, Sec. 71, eff. 10/1/2013.