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- Title
UNIFORM TRUST CODE SECTION 503: APPLYING HAMILTON ORDERS TO SPENDTHRIFT INTERESTS.
- Authors
Vitollo, Timothy J.
- Abstract
This Article examines the exceptions to spendthrift trust protection for child support and alimony creditors and proposes extending this exception to involuntary tort creditors. The author posits that the best way to reconcile the competing policy objectives of effectuating the settlor's right to dispose of his property as he chooses and those justifying exceptions to spendthrift protection is to remove all exceptions to spendthrift protection and to provide instead both support and tort creditors the ability to attach a spendthrift trust distribution, before it reaches the beneficiary, through the use of Hamilton orders.
- Subjects
SPENDTHRIFT trusts; CHILD support; ALIMONY; DEBTOR &; creditor; PRODIGALS (Law); REAL property; TRUST distributions; TRUSTS &; trustees; JUDGE-made law
- Publication
Real Property, Trust & Estate Law Journal, 2008, Vol 43, Issue 1, p168
- ISSN
2159-4538
- Publication type
Article