N.J. Stat. § 3B:31-40

Current through L. 2023, c. 200.
Section 3B:31-40 - Overdue distribution
a. For the purposes of 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. The term excludes a distribution subject to the exercise of the trustee's discretion, regardless of whether the terms of the trust (1) include a support or other standard to guide the trustee in making distribution decisions, or (2) provide that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard.
b. Except as otherwise provided in section 1 of P.L. 1996, c. 41(C.3B:11-4.1), 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 mandated distribution date.

N.J.S. § 3B:31-40

Added by L. 2015, c. 276,s. 1, eff. 7/17/2016.