Creditors of Beneficiaries of Trust have no rights against the trust

(a) A creditor or assignee of a beneficiary does not have the power to reach an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee or other fiduciary. Such power over a trustee or other fiduciary is personal to the holder and shall not be exercised by the holder’s creditors. No court shall direct a holder to exercise the power.
(b) Subject to Section 91-8-504(b)(3):
(1) A creditor or assignee of a beneficiary may not reach an interest of a beneficiary who is also a trustee, co-trustee or other fiduciary, or otherwise compel a distribution because the beneficiary is then serving as a trustee, co-trustee or other fiduciary; and
(2) A court may not foreclose against a beneficiary’s interest described in subsection (a).

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All content is for informational purposes only. It is also only intended to relate to Mississippi Estate Planning Law.  If other states are mentioned, they are mentioned as an example only. No legal advice is provided in this content. Laws change so you need to check for any updates by current laws in Mississippi.