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NC S466
Bill
Status
3/25/2015
Primary Sponsor
Fletcher Hartsell
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AI Summary
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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
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Provides creditor protection by preventing creditors from reaching qualified interests or compelling distributions, except through fraudulent transfer actions under the Uniform Fraudulent Transfer Act
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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
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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
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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