Bank May Attach Income From CRUT
State law disregards spendthrift protection in trust created by beneficiary
A bank holding a judgment against the income beneficiary of a charitable remainder unitrust may attach and collect the income from the beneficiary despite a “spendthrift” provision in the trust preventing a creditor from attaching the income, an appellate court in Arizona has held. Interpreting the Washington state law that all parties agreed was applicable to the trust, it has held that state law specifically provides that a spendthrift provision does not apply to a trust created by the beneficiary. Wells Fargo Bank obtained a $2.5 million default judgment in 2012 against Robert G. Hoag and his charitable remainder unitrusts. He had created three CRUTs between 1994 and 2000 to provide...
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