Mo. Rev. Stat. § 456.5-508 – Attachment and judicial sale of trust property prohibited, when — definitions | Midpage
§ 456.5-508
Mo. Rev. Stat. § 456.5-508
Attachment and judicial sale of trust property prohibited, when — definitions
Effective Aug 28, 2011(L. 2011 S.B. 59)
Viewing an earlier version · effective Aug 28, 2011View current
1. A creditor or other claimant of a beneficiary or other person holding a special power of appointment or a testamentary general power of appointment may not attach trust property or beneficial interests subject to the power, obtain an order from a court forcing a judicial sale of the trust property, compel the exercise of the power, or reach the trust property or beneficial interests by any other means.
2. This section shall not limit the ability of a creditor or other claimant to reach a beneficial interest as otherwise provided in sections 456.5-501 to 456.5-507.
3. In this section "special power of appointment" means a power of appointment exercisable in favor of one or more appointees other than the holder, the holder's estate, the holder's creditors, or the creditors of the holder's estate, and a "testamentary general power of appointment" means a power of appointment exercisable at the death of the holder, without the consent of the creator of the power or of a person holding an adverse interest in favor of the holder, the holder's estate, the holder's creditors, or the creditors of the holder's estate.