The statutory scheme for enforcing money judgments against trusts, the limitations on that scheme when facing spendthrift clauses, and ways around those limitations.
MCLE Credit: 1.0 Hour General
The statutory scheme for enforcing money judgments against trusts, the limitations on that scheme wh[..]
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.
In his article for Bloomberg Law, Principal Ryan J. Szczepanik posits that anti-SLAPP motions should be prohibited in trust and will contest proceedings.