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A.R.S. § 14-10506

Overdue Trust Distributions and Creditor Claims

Verified April 4, 202657th Legislature, 1st Regular Session

Some trusts require the trustee to make payouts at set times. If the trustee fails to pay on time, Arizona law lets creditors reach that overdue amount. This rule applies to mandatory payouts, not discretionary ones.

Title 14, ARIZONA TRUST CODE

azleg.gov

What Counts as an Overdue Payout

Some trusts require the trustee to make specific payouts at certain times. These are called mandatory distributions. They may include payouts at a stated age, amounts tied to a withdrawal right, or distributions when the trust ends.

When a trustee fails to make a mandatory payout within a reasonable time, creditors gain an opening.

Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal if the trustee has not made the distribution to the beneficiary within a reasonable period after the mandated distribution date unless the terms of the trust expressly authorize the trustee to delay the distribution to protect the beneficiary's interest in the distribution.

A.R.S. § 14-10506(A)

The spendthrift clause does not protect overdue mandatory payouts. Once the trustee should have sent the funds but did not, the asset belongs to the beneficiary in the eyes of the law. As a result, creditors can treat it that way.

Mandatory vs. Discretionary

Not every payout qualifies. The statute defines "mandatory distribution" narrowly. It covers only payouts the trustee must make under the trust terms.

For example, a payout at a stated age, a withdrawal right, or a payout at trust termination all count. Payouts that depend on the trustee's judgment do not count. This is true even when the trust uses a standard like "health, education, support, or maintenance."

This distinction matters for trust drafting. A well-drafted trust can include a clause that lets the trustee delay payouts to protect the beneficiary's interest. This keeps the spendthrift shield in place even after a payout date has passed.

14-10506. Overdue distribution; definition A. Whether or not a trust contains a spendthrift provision, a creditor or assignee of a beneficiary may reach a mandatory distribution of income or principal if the trustee has not made the distribution to the beneficiary within a reasonable period after the mandated distribution date unless the terms of the trust expressly authorize the trustee to delay the distribution to protect the beneficiary's interest in the distribution. B. For the purposes of this section, "mandatory distribution" means a distribution of income or principal that the trustee is required to make to a beneficiary under the terms of the trust, including a distribution amount for a stated age, a distribution to be made pursuant to the exercise of a power of withdrawal and a distribution on termination of the trust. Mandatory distribution does not include a distribution that is subject to the exercise of the trustee's discretion even if: 1. The discretion is expressed in the form of a standard of distribution. 2. The terms of the trust authorizing a distribution couple language of discretion with language of direction.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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