Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7746 - Overdue distribution - utc 506(a) Distribution not made within reasonable time.--Whether or not the interest of the beneficiary in the trust is subject to a spendthrift provision, 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 mandated distribution date. (b) Definition.--As used in this section, the term "mandatory distribution" means a distribution of income or principal that the trustee is required by the terms of the trust to make to a beneficiary, including a distribution upon the termination of the trust. The term excludes a distribution that is subject to the exercise of the trustee's discretion regardless of whether the terms of the trust include a support or other standard to guide the trustee in making distribution decisions or provides that the trustee "may" or "shall" make discretionary distributions, including distributions pursuant to a support or other standard. Amended by P.L. (number not assigned at time of publication) 2024 No. 64,§ 2, eff. 10/14/2024.2006, July 7, P.L. 625, No. 98, §9, effective in 120 days [ 11/6/2006].