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Gaining Access to Mandatory Trust Distributions

November 26, 2019, by Daniel McGowan, on Probate Law and Procedure |

The Ohio Tenth District Court of Appeals recently issued an opinion dealing with a creditor of a spendthrift trust who appealed a judgment from the Franklin County Court of Common Pleas which had determined that Ohio Revised Code 5805.01 prohibited a creditor of a beneficiary from reaching the interest or a distribution from a spendthrift trust before the beneficiary's receipt.  The Court held that the mere existence of a spendthrift provision in a trust is not in itself dispositive of the right of a creditor to gain access to trust distributions that are mandatory.