Question: When a trust includes a valid spendthrift provision, a beneficiary may not transfer his or her interest in the trust and a creditor or assignee
When a trust includes a valid spendthrift provision, a beneficiary may not transfer his or her interest in the trust and a creditor or assignee of the beneficiary may not reach any interest or distribution from the trust until the beneficiary receives the interest or distribution. In practice, US courts deem a trust to be self-settled and therefore not a valid spendthrift trust if one of the following factors exist:
a.if the trust was established for the support of the settlor's spouse
b. the senior is a beneficiary of the trust
c.the settlor surrenders control of the trust corpus
d.the settlor does not retain a general power of appointment
e.none of the above
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