Share

Alexandria, VA Estate Planning Blog

Monday, October 1, 2012

Virginia Spendthrift Property Protection Generally (Virginia Statute)

Section 64.2-743 (Effective October 1, 2012) Spendthrift provision

A. A spendthrift provision is valid only if it restrains both voluntary and involuntary transfer of a beneficiary's interest.

B. A term of a trust providing that the interest of a beneficiary is held subject to a "spendthrift trust," or words of similar import, is sufficient to restrain both voluntary and involuntary transfer of the beneficiary's interest.

C. A beneficiary may not transfer an interest in a trust in violation of a valid spendthrift provision and, except as otherwise provided in this article, a creditor or assignee of the beneficiary may not reach the interest or a distribution by the trustee before its receipt by the beneficiary.
 


Archived Posts

2014
2013
2012
2011
2010
2009


The Lenzi Law Firm, PLLC assists clients throughout Northern Virginia and Washington D.C. including Fort Washington, Falls Church, Ft. Myer, Vienna, Rosslyn, Springfield, Mount Vernon, Annandale, Fort Belvoir, Fairfax, Dunn Loring, Merrifield, McLean, Oakton, Reston, Burke, Great Falls, Fredericksburg, Stafford and Herndon in Arlington County, Alexandria County, & Fairfax County.



© 2018 The Lenzi Law Firm, PLLC | Disclaimer
2331 Mill Road, 100, Alexandria, VA 22314
| Phone: 703.224.8969

Asset Protection | Estate Planning | Last Will & Testaments | Non-Traditional Estate Planning | Estate Tax Planning | Trusts & Estate Planning | Elder Law | Special Needs Planning | Medicaid Planning | Guardianships (General) | Guardianships for Seniors | Planning for Children | Probate / Estate Administration | | Multiple Locations

Linked-In Personal

Attorney Website Design by
Amicus Creative