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2017 Indiana Code
TITLE 30. Trusts and Fiduciaries
ARTICLE 4. TRUST CODE
CHAPTER 2.1. Rules for Interpretation of Trusts
30-4-2.1-17. Limits on creditors of beneficiaries who may replace or remove a trustee or who are also trustees or co-trustees
Universal Citation: IN Code § 30-4-2.1-17 (2017)
IC 30-4-2.1-17 Limits on creditors of beneficiaries who may replace or remove a trustee or who are also trustees or co-trustees
Sec. 17. (a) A creditor may not reach, exercise, or otherwise acquire an interest of a beneficiary or any other person who holds an unconditional or conditional removal or replacement power over a trustee. A power described in this subsection is personal to a beneficiary or other person and may not be exercised by the person's creditors. A court may not direct a person to exercise the power.
(b) A creditor may not:
(1) reach an interest of a beneficiary who is also a trustee or co-trustee; or
(2) otherwise compel a distribution to a beneficiary who is also a trustee or co-trustee.
(c) A court may not foreclose against an interest held by a beneficiary described in subsection (b).
As added by P.L.6-2010, SEC.17.
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