Loading chat...

NC S466

Bill

Status

Introduced

3/25/2015

Primary Sponsor

Fletcher Hartsell

Click for details

Origin

Senate

2015-2016 Session

AI Summary

  • Authorizes creation of qualified self-settled trusts in North Carolina, allowing settlors to transfer assets to irrevocable trusts while retaining a "qualified interest" in distributions

  • Provides creditor protection by preventing creditors from reaching qualified interests or compelling distributions, except through fraudulent transfer actions under the Uniform Fraudulent Transfer Act

  • Requires qualified self-settled trusts to have at least one "qualified trustee" (a resident individual or in-state bank/trust company) who materially participates in trust administration and is not related to the settlor

  • Permits settlors to retain certain powers without making the trust revocable, including consent rights over distributions and investments, powers of appointment at death, and receipt of up to 5% annual distributions

  • Carves out exceptions allowing creditors to reach trust assets for child support, alimony, spousal support, tort judgments from pre-transfer injuries, and elective share claims by surviving spouses

Legislative Description

Self-Settled Trusts

Last Action

Re-ref to Judiciary II. If fav, re-ref to Finance

3/30/2015

Committee Referrals

Judiciary II3/30/2015
Rules and Operations of the Senate3/26/2015

Full Bill Text

No bill text available