Ark. Code Ann. § 28-73-501 (2020)
Rights of beneficiary's creditor or assignee
To the extent a beneficiary's interest is not protected by a spendthrift provision, a court may authorize a creditor or assignee of the beneficiary to reach the beneficiary's interest by attachment of present or future distributions to or for the benefit of the beneficiary or other means. The court may limit the award to such relief as is appropriate under the circumstances.
History. Acts 2005, No. 1031, § 1.
Research References
U. Ark. Little Rock L. Rev.
Lynn Foster, Arkansas’s Trust Code and Trust Planning: A Ten-Year Perspective, 38 U. Ark. Little Rock L. Rev. 301 (2016).
Case Notes
Distributions Uncertain.
Circuit court properly dismissed a judgment creditor's action under this section seeking the debtors' interest in future distributions from trusts where the future distributions were contingent upon the debtors' survival as beneficiaries, and thus they were not certain for purposes of a writ of garnishment. J.B. Hunt, LLC v. Thornton, 2014 Ark. 62, 432 S.W.3d 8 (2014).