2009 Iowa Code
Title 15 - Judicial Branch and Judicial Procedures
Subtitle 4 - Probate - Fiduciaries
CHAPTER 633A - IOWA TRUST CODE
633A.2307 - OVERDUE MANDATORY DISTRIBUTION.

        633A.2307  OVERDUE MANDATORY DISTRIBUTION.
         1.  A creditor or assignee of a beneficiary may reach a mandatory
      distribution of income or principal, including a distribution upon
      termination of the trust, if the trustee has not made the
      distribution to the beneficiary within a reasonable time after the
      required distribution date.
         2.  For the purposes of this section, "mandatory distribution"
      means a distribution required by the express terms of the trust of
      any of the following:
         a.  All of the income, net income, or principal of the trust.

         b.  A fraction or percentage of the income or principal of the
      trust.
         c.  A specific dollar amount from the trust.
         3.  A distribution that is subject to a condition shall not be
      considered a mandatory distribution.
         4.  If a creditor or assignee of a beneficiary is permitted to
      reach a mandatory distribution under this section, the sole remedy of
      the creditor or assignee shall be to apply to the court having
      jurisdiction of the trust after a reasonable period of time has
      expired, for a judgment ordering the trustee to pay to the creditor
      or the assignee a sum of money equal to the lesser of the amount of
      the debt or assignment, or the amount of the mandatory distribution
      described in subsection 2.  Any other remedy, including but not
      limited to attachment or garnishment of any interest in the trust,
      recovery of court costs or attorney fees, or placing a lien of any
      type on any trust property or on the interest of any beneficiary in
      the trust, shall not be permitted or ordered by any court.  Any
      writing signed by the beneficiary, allowing any remedy other than
      payment of the mandatory distribution not made to the beneficiary
      within a reasonable time after required distribution date, shall be
      void and shall not be enforced by any court.  
         Section History: Recent Form
         2008 Acts, ch 1119, §27

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