Blech v. BlechAnnotate this Case
Defendant, the beneficiary of a spendthrift trust created by his father, appealed the probate court's order directing the trustee to pay a portion of defendant's 2018 principal disbursement to four judgment creditors in partial satisfaction of their money judgment.
The Court of Appeal affirmed and held that a judgment creditor may file a petition under Probate Code section 15301(b) before a debtor/trust beneficiary's trust distribution is "due and payable." The court also held that the probate court did not abuse its discretion by ordering the trustee to delay the payment of defendant's 2018 principal disbursement until after it issued its final ruling on the creditors' petitions. Finally, the court held that defendant's other arguments were unavailing, and because the trust was not a support trust, the personal receipt clause did not shield defendant from creditor claims.