State Codes and Statutes

State Codes and Statutes

Statutes > California > Prob > 15300-15309

PROBATE CODE
SECTION 15300-15309



15300.  Except as provided in Sections 15304 to 15307, inclusive, if
the trust instrument provides that a beneficiary's interest in
income is not subject to voluntary or involuntary transfer, the
beneficiary's interest in income under the trust may not be
transferred and is not subject to enforcement of a money judgment
until paid to the beneficiary.



15301.  (a) Except as provided in subdivision (b) and in Sections
15304 to 15307, inclusive, if the trust instrument provides that a
beneficiary's interest in principal is not subject to voluntary or
involuntary transfer, the beneficiary's interest in principal may not
be transferred and is not subject to enforcement of a money judgment
until paid to the beneficiary.
   (b) After an amount of principal has become due and payable to the
beneficiary under the trust instrument, upon petition to the court
under Section 709.010 of the Code of Civil Procedure by a judgment
creditor, the court may make an order directing the trustee to
satisfy the money judgment out of that principal amount. The court in
its discretion may issue an order directing the trustee to satisfy
all or part of the judgment out of that principal amount.



15302.  Except as provided in Sections 15304 to 15307, inclusive, if
the trust instrument provides that the trustee shall pay income or
principal or both for the education or support of a beneficiary, the
beneficiary's interest in income or principal or both under the
trust, to the extent the income or principal or both is necessary for
the education or support of the beneficiary, may not be transferred
and is not subject to the enforcement of a money judgment until paid
to the beneficiary.



15303.  (a) If the trust instrument provides that the trustee shall
pay to or for the benefit of a beneficiary so much of the income or
principal or both as the trustee in the trustee's discretion sees fit
to pay, a transferee or creditor of the beneficiary may not compel
the trustee to pay any amount that may be paid only in the exercise
of the trustee's discretion.
   (b) If the trustee has knowledge of the transfer of the
beneficiary's interest or has been served with process in a
proceeding under Section 709.010 of the Code of Civil Procedure by a
judgment creditor seeking to reach the beneficiary's interest, and
the trustee pays to or for the benefit of the beneficiary any part of
the income or principal that may be paid only in the exercise of the
trustee's discretion, the trustee is liable to the transferee or
creditor to the extent that the payment to or for the benefit of the
beneficiary impairs the right of the transferee or creditor. This
subdivision does not apply if the beneficiary's interest in the trust
is subject to a restraint on transfer that is valid under Section
15300 or 15301.
   (c) This section applies regardless of whether the trust
instrument provides a standard for the exercise of the trustee's
discretion.
   (d) Nothing in this section limits any right the beneficiary may
have to compel the trustee to pay to or for the benefit of the
beneficiary all or part of the income or principal.



15304.  (a) If the settlor is a beneficiary of a trust created by
the settlor and the settlor's interest is subject to a provision
restraining the voluntary or involuntary transfer of the settlor's
interest, the restraint is invalid against transferees or creditors
of the settlor. The invalidity of the restraint on transfer does not
affect the validity of the trust.
   (b) If the settlor is the beneficiary of a trust created by the
settlor and the trust instrument provides that the trustee shall pay
income or principal or both for the education or support of the
beneficiary or gives the trustee discretion to determine the amount
of income or principal or both to be paid to or for the benefit of
the settlor, a transferee or creditor of the settlor may reach the
maximum amount that the trustee could pay to or for the benefit of
the settlor under the trust instrument, not exceeding the amount of
the settlor's proportionate contribution to the trust.




15305.  (a) As used in this section, "support judgment" means a
money judgment for support of the trust beneficiary's spouse or
former spouse or minor child.
   (b) If the beneficiary has the right under the trust to compel the
trustee to pay income or principal or both to or for the benefit of
the beneficiary, the court may, to the extent that the court
determines it is equitable and reasonable under the circumstances of
the particular case, order the trustee to satisfy all or part of the
support judgment out of all or part of those payments as they become
due and payable, presently or in the future.
   (c) Whether or not the beneficiary has the right under the trust
to compel the trustee to pay income or principal or both to or for
the benefit of the beneficiary, the court may, to the extent that the
court determines it is equitable and reasonable under the
circumstances of the particular case, order the trustee to satisfy
all or part of the support judgment out of all or part of future
payments that the trustee, pursuant to the exercise of the trustee's
discretion, determines to make to or for the benefit of the
beneficiary.
   (d) This section applies to a support judgment notwithstanding any
provision in the trust instrument.



15305.5.  (a) As used in this section, "restitution judgment" means
a judgment awarding restitution for the commission of a felony or a
money judgment for damages incurred as a result of conduct for which
the defendant was convicted of a felony.
   (b) If the beneficiary has the right under the trust to compel the
trustee to pay income or principal or both to or for the benefit of
the beneficiary, the court may, to the extent that the court
determines it is equitable and reasonable under the circumstances of
the particular case, order the trustee to satisfy all or part of the
restitution judgment out of all or part of those payments as they
become due and payable, presently or in the future.
   (c) Whether or not the beneficiary has the right under the trust
to compel the trustee to pay income or principal or both to or for
the benefit of the beneficiary, the court may, to the extent that the
court determines it is equitable and reasonable under the
circumstances of the particular case, order the trustee to satisfy
all or part of the restitution judgment out of all or part of future
payments that the trustee, pursuant to the exercise of the trustee's
discretion, determines to make to or for the benefit of the
beneficiary.
   (d) This section applies to a restitution judgment notwithstanding
any provision in the trust instrument.


15306.  (a) Notwithstanding any provision in the trust instrument,
if a statute of this state makes the beneficiary liable for
reimbursement of this state or a local public entity in this state
for public support furnished to the beneficiary or to the beneficiary'
s spouse or minor child, upon petition to the court under Section
709.010 of the Code of Civil Procedure by the appropriate state or
local public entity or public official, to the extent the court
determines it is equitable and reasonable under the circumstances of
the particular case, the court may do the following:
   (1) If the beneficiary has the right under the trust to compel the
trustee to pay income or principal or both to or for the benefit of
the beneficiary, order the trustee to satisfy all or part of the
liability out of all or part of the payments as they become due,
presently or in the future.
   (2) Whether or not the beneficiary has the right under the trust
to compel the trustee to pay income or principal or both to or for
the benefit of the beneficiary, order the trustee to satisfy all or
part of the liability out of all or part of the future payments that
the trustee, pursuant to the exercise of the trustee's discretion,
determines to make to or for the benefit of the beneficiary.
   (3) If the beneficiary is a settlor or the spouse or minor child
of the settlor and the beneficiary does not have the right under the
trust to compel the trustee to pay income or principal or both to or
for the benefit of the beneficiary, to the extent that the trustee
has the right to make payments of income or principal or both to or
for the beneficiary pursuant to the exercise of the trustee's
discretion, order the trustee to satisfy all or part of the liability
without regard to whether the trustee has then exercised or may
thereafter exercise the discretion in favor of the beneficiary.
   (b) Subdivision (a) does not apply to any trust that is
established for the benefit of an individual who has a disability
that substantially impairs the individual's ability to provide for
his or her own care or custody and constitutes a substantial
handicap. If, however, the trust results in the individual being
ineligible for needed public social services under Division 9
(commencing With Section 10000) of the Welfare and Institutions Code,
this subdivision is not applicable and the provisions of subdivision
(a) are to be applied.



15306.5.  (a) Notwithstanding a restraint on transfer of the
beneficiary's interest in the trust under Section 15300 or 15301, and
subject to the limitations of this section, upon a judgment creditor'
s petition under Section 709.010 of the Code of Civil Procedure, the
court may make an order directing the trustee to satisfy all or part
of the judgment out of the payments to which the beneficiary is
entitled under the trust instrument or that the trustee, in the
exercise of the trustee's discretion, has determined or determines in
the future to pay to the beneficiary.
   (b) An order under this section may not require that the trustee
pay in satisfaction of the judgment an amount exceeding 25 percent of
the payment that otherwise would be made to, or for the benefit of,
the beneficiary.
   (c) An order under this section may not require that the trustee
pay in satisfaction of the judgment any amount that the court
determines is necessary for the support of the beneficiary and all
the persons the beneficiary is required to support.
   (d) An order for satisfaction of a support judgment, as defined in
Section 15305, has priority over an order to satisfy a judgment
under this section. Any amount ordered to be applied to the
satisfaction of a judgment under this section shall be reduced by the
amount of an order for satisfaction of a support judgment under
Section 15305, regardless of whether the order for satisfaction of
the support judgment was made before or after the order under this
section.
   (e) If the trust gives the trustee discretion over the payment of
either principal or income of a trust, or both, nothing in this
section affects or limits that discretion in any manner. The trustee
has no duty to oppose a petition to satisfy a judgment under this
section or to make any claim for exemption on behalf of the
beneficiary. The trustee is not liable for any action taken, or
omitted to be taken, in compliance with any court order made under
this section.
   (f) Subject to subdivision (d), the aggregate of all orders for
satisfaction of money judgments against the beneficiary's interest in
the trust may not exceed 25 percent of the payment that otherwise
would be made to, or for the benefit of, the beneficiary.




15307.  Notwithstanding a restraint on transfer of a beneficiary's
interest in the trust under Section 15300 or 15301, any amount to
which the beneficiary is entitled under the trust instrument or that
the trustee, in the exercise of the trustee's discretion, has
determined to pay to the beneficiary in excess of the amount that is
or will be necessary for the education and support of the beneficiary
may be applied to the satisfaction of a money judgment against the
beneficiary. Upon the judgment creditor's petition under Section
709.010 of the Code of Civil Procedure, the court may make an order
directing the trustee to satisfy all or part of the judgment out of
the beneficiary's interest in the trust.


15308.  Any order entered by a court under Section 15305, 15306,
15306.5, or 15307 is subject to modification upon petition of an
interested person filed in the court where the order was made.



15309.  A disclaimer or renunciation by a beneficiary of all or part
of his or her interest under a trust shall not be considered a
transfer under Section 15300 or 15301.