To the extent a beneficiary's interest is not subject to a spendthrift provision, the court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest in a trust by execution or other process against the present or future distributions to or for the benefit of the beneficiary. The court may limit the award to relief as appropriate under the circumstances.
Structure West Virginia Code
Chapter 44D. Uniform Trust Code
Article 5. Creditor's Claims; Spendthrift and Discretionary Trusts
§44D-5-501. Rights of Beneficiary's Creditor or Assignee
§44D-5-502. Spendthrift Provision
§44D-5-503. Exceptions to Spendthrift Provision
§44D-5-503a..Self-settled. Spendthrift Trusts
§44D-5-503c. Vacancies; Revocability of Trust; Right to Withdraw
§44D-5-504. Discretionary Trusts; Effect of Standard
§44D-5-505. Creditor’s Claim Against Grantor