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Article
Powers of Withdrawal, Claims for Set-Off, and Spendthrift Protection
Probate Law Journal of Ohio (2006)
  • Alan Newman, University of Akron School of Law
Abstract

If a beneficiary of a spendthrift trust has a right to withdraw property from the trust, may the beneficiary’s creditors reach the assets subject to the withdrawal power? That was the principle question recently addressed by the 1st District Court of Appeals in Great American Insurance Company v. Thompson Trust. Also of interest: the case may have involved an offset by the trustee of amounts distributable to the beneficiary to repay amounts owed by the beneficiary to the trust.

Keywords
  • spendthrift trust,
  • trust,
  • beneficiary,
  • withdrawal power,
  • offset,
  • spendthrift provision,
  • Scott v. Bank One Trust Co.,
  • Uniform Trust Code,
  • Ohio Trust Code,
  • settlor
Disciplines
Publication Date
2006
Publisher Statement
Copyright Acknowledgment: This material is reprinted from the Probate Law Journal of Ohio with permission of Thomson Reuters. Copyright permission is on file.
Citation Information
Alan Newman, Powers of Withdrawal, Claims for Set-Off, and Spendthrift Protection, 16 Probate Law Journal of Ohio 143 (2006).