The statutory scheme for enforcing money judgments against trusts, the limitations on that scheme when facing spendthrift clauses, and ways around those limitations.
In his article for Bloomberg Tax, HBH Principal Andrew Verriere examines the California Court of Appeal’s Breslin v. Breslin decision and the expanded authority of trial courts in trust proceedings.
Spendthrift Trusts, Limited Protection for Deadbeat Beneficiaries. - California law has long recognized a settlor’s right to restrict a beneficiary’s use of trust assets. Restraints on alienation, spendthrift clauses, shutdown clauses and wholly discretionary trusts are a few of the tools settlors may use when creating a trust for the benefit of someone likely to have creditor problems.
