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N.H. Rev. Stat. Ann. § 564-B:5-505

Creditor's Claim Against a Settlor of a Revocable Trust

Known as the New Hampshire Trust Code

The act spans §§ 564-B:10-1001 to 564-B:9-907 (130 sections).

Source. 2004, 130:1. 2005, 270:15, eff

(a) During the settlor's life, the property of a revocable trust is subject to claims of the settlor's creditors regardless of whether the trust contains a spendthrift provision.

(b) After the settlor's death and subject to the settlor's right to direct the source from which liabilities will be paid, the property of a trust that was revocable immediately before the settlor's death is subject to the following claims to the extent that the settlor's probate estate is inadequate to satisfy those claims:

(1) Claims of the settlor's creditors;

(2) Costs of administration of the settlor's estate; and

(3) Expenses of the settlor's funeral and disposal of remains.

(c) Subsection (b) shall apply to a trust regardless of whether the trust contains a spendthrift provision.

(d) Subsection (b) shall not apply to:

(1) The proceeds and any other benefits of a policy of life or endowment insurance effected by a settlor, a trustee, or any other person on the settlor's life or another individual's life as provided in RSA 408:6; or

(2) Any claim barred under RSA 564-B:5-508.

(e) During only the period that the power of withdrawal may be exercised, the holder of a power of withdrawal shall be treated in the same manner under this section as the settlor of a revocable trust to the extent of the property subject to the power of withdrawal.

Official source: New Hampshire General Court. Reproduced from public-domain New Hampshire statutes; confirm against the official source for the current text. Not legal advice.