Effective: September 12, 2008
Latest Legislation: House Bill 499 - 127th General Assembly
Notwithstanding anything to the contrary in division (B) of section 5805.02 of the Revised Code, no creditor or assignee of a beneficiary of a wholly discretionary trust may reach the beneficiary's interest in the trust, or a distribution by the trustee before its receipt by the beneficiary, whether by attachment of present or future distributions to or for the benefit of the beneficiary, by judicial sale, by obtaining an order compelling the trustee to make distributions from the trust, or by any other means, regardless of whether the terms of the trust include a spendthrift provision.
Structure Ohio Revised Code
Chapter 5805 | Spendthrift Trust Provisions
Section 5805.01 | Validity and Effect of Spendthrift Provisions.
Section 5805.02 | Enforceability and Enforcement of Spendthrift Provisions.
Section 5805.03 | Creditors of Discretionary Trust Beneficiary May Not Reach Interest.
Section 5805.04 | Creditor May Not Compel Discretionary Distribution - Exceptions.
Section 5805.05 | Attachment of Mandatory Distributions Absent Spendthrift Provision.
Section 5805.06 | Rights of Settlor's Creditors - Power of Withdrawal.
Section 5805.07 | Trust Property Not Subject to Personal Obligations of Trustee.